Agenda Package - City of Vernon

AGENDA 

REGULAR OPEN MEETING OF COUNCIL 

COUNCIL CHAMBERS 

CITY HALL 

Monday 

May 11,2009 

At 1:30 pm 

Council 

Mayor W. Lippert 

Councillor B. Baumbrough 

Councillor S. Lee 

Councillor M. O'Keefe 

Gouncillor J. Gilroy 

Councillor P. Nicol 

Councillor B. Spiers 

For Enquiries 

Telephone: (250) 545-1361 

www.vernon.ca

THE CORPORATION OF THE CITY OF VERNON 

AGENDA 

REGULAR OPEN MEETING OF COUNCIL 

CITY HALL COUNCIL CHAMBER 

MONDAY, MAY 11,2009 

AT 8:40 AM 

1. 

2. 

CALL TO ORDER 

RESOLUTION TO CLOSE MEETING 

A. BE lT RESOLVED that the meeting be closed to the public 

in accordance with Section 90 (1) (d), (e), and (k) of the 

Community Chafter. 

AGENDA 

ADJOURN TO OPEN COUNCIL AT l:30 PM 

A. THAT the Agenda for the May 11, 2009 Regular Open 

Meeting of Council be adopted as circulated. 

ADOPTION OF MINUTES AND RECEIPT OF PUBLIC 

HEARING RECORD 

MINUTES 

A. THAT the minutes of the Regular Meeting of Council and 

the minutes of the Committee of the Whole Meeting of 

Council held April 27 ,2009 be adopted; (P. 9) 

AND FURTHER, that the record of the Public Hearing held 

on April 27,2009 be received. (P. 3f ) 

GENERAL MATTERS 

DELEGATION - BC 

TRANSPLANT SOCTETY (P. 35) 

DELEGATION - ON THE ROXX 

SHOW LOUNGE 

A. Ms. Betty McKinnon, representing BC Transplant, re: 

Travelling Organ Donor Registration Campaign. 

B. Mr. Carman Zieman, On the Roxx Show Lounge, re: 

Application for Business Hours Extension (See Report - 

April 27 Regular Agenda, Page 116) 

6. 

UNFINISHED BUSINESS 

RANSPORTATION PLAN 

IMPLEMENTATION UPDATE 

(P. 37) 

A. Memo dated April 17, 2009, from Mr. Rob Dickinson, 

Manager, Engineering Services, re: Transportation Plan 

lmplementation Update. 

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PAGE 2 

REGULAR OPEN COUNCIL AGENDA - 

MONDAY, MAY 11, 2OO9 

7. MATTERS REFERRED: COMMITTEE OF THE WHOLE AND 

IN.CAMERA 

8. NEW BUSINESS 

VERNON & DISTRICT 

IMMIGRANT SERVICES 

socrETY (P. 40) 

BC LOTTERY CORPORATION 

(P.43) 

O'KEEFE RANCH MANAGER 

POSITION - WAGE 

ALLOCATTON FOR 2009 (P. 45) 

FREE PUBLIC TRANSIT FOR 

COMMUTER CHALLENGE AND 

CLEAN AIR DAY: JUNE 3, 2009 

(P.46) 

AMENDMENT OF PDE POLIGY: 

SUBDIVISIONS - BUILDING 

PERMITS IN NEW 

suBDrvrsroNs (P. 50) 

AMENDMENT OF 

SUBDIVISION DEVELOPMENT 

SERVICING BYLAW #3843 - 

SCHEDULES J, R, Q, P AND 

sEcTroNs4&8(P.58) 

A. Correspondence: 

(¡) Email dated April 23, 2009, from Ms. Tanis Farina, 

Settlement Counsellor, Vernon & District lmmigrant 

Services Society, re: Request for Use of City Logo on 

Advertising, Brochures and Posters, 2009 Diversity 

Health Fair. 

(¡¡) Letter dated April 28, 2009, from Mr. Michael Graydon, 

President & CEO, BC Lottery Corporation, re: 

lnvitation to Attend the BC Partnership for Responsible 

Gambling (BCPRG) Forum, June 4, 2009, and request 

for consideration of membership to the BCPRG. 

(¡¡¡) THAT Council supports the recommendation from the 

Finance Committee that Council review the wage 

allocation for the O'Keefe Ranch Manager position for 

2009, in order to determine if the full year allocation is 

required, if not, it should be returned to the City of 

Vernon. 

B. Reports: 

(¡) THAT Council endorse free public transit as part of the 

2009 Commuter Challenge and Clean Air Day on June 

3, 2009. 

(¡¡) THAT Council rescind the June 1999 policy: 

Subdivisions - Building Permits in New Subdivisions 

and adopt the new policy: Subdivisions - Building 

Permits in New Subdivisions and authorize staff to 

replace the original policy with this in its entirety. 

(¡¡¡) THAT Council approve of the attached amended 

Schedule J of the Subdivision and Development 

Servicing Bylaw # 3843 and authorize staff to prepare 

an amendment bylaw to replace the original Schedule 

J in the Bylaw; 

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PAGE 3 


MONDAY, MAY 11, 2OO9 

AND FURTHER that Council authorize deletion of 

Schedule R - Development Agreement for 

Development other than Subdivision; Schedule P - 

Warranty Agreement for Subdivision and; Schedule Q 

- Warranty Agreement for Development other than 

Subdivision; 

AND FURTHER that Council approve the attached 

amended Section 4 Provision of Services in 

Subdivisions and Developments and Section I 

Administration and Enforcement to be consistent with 

the changes to Schedule J. 

AMENDMENT OF 

SUBDIVISION DEVELOPMENT 

SERVICING BYLAW #3843 - 

SGHEDULESL&M(P.84) 

UPDATE TO TOURISM 

PARKING ENFORCEMENT 

POLTCY (P. s7) 

FERAL RABBIT 

REGULATIONS, URBAN HENS 

AND INTERMUNICIPAL 

BYLAW COORDINATION 

(P. r05) 

(¡v) THAT Council approves the attached amended 

Schedule's L and M of the Subdivision and 

Development Servicing Bylaw #3843 and authorize 

staff to prepare an amendment bylaw to replace the 

original Schedule's L and M with the attached 

Schedule's L and M. 

(v) THAT Council rescind the September 13,2004 

Tourists Parking Enforcement Policy and approve the 

proposed Visitor Parking Pass and Enforcement 

Policy. 

(v¡) THAT Council instruct staff to conduct a request for 

'Expressions of lnterest' in order to determine costs to 

implement an animal pound program; 

AND FURTHER, that Council direct staff to continue 

with the implementation of an Animal Control and 

Pound Bylaw in order to regulate rabbits, chickens, 

and other animals within the City of Vernon pending 

costs of the animal pound program being determined. 

AND FURTHER, that the Sanitation Bylaw, be 

amended to remove animal regulations from it; 

AND FURTHER, that the Municipal Ticketing 

lnformation Bylaw be amended to ensure enforcement 

through ticketing is available; 

AND FURTHER, that Council approve the 'Urban Hen 

Program' in it's draft format, to be incorporated in the 

proposed Animal Control and Pound Bylaw. 

clCLERI(\AGENDAS\REGULAR OPEN\2009\May 1 1 Regular Agsnda doc

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9. LEGISLATIVE MATTERS 

Bvlaws: 

MONDAY, MAY I1, 2OO9 

ADOPTION 

(¡) 

( ¡¡) 

(¡¡¡) 

(¡v) 

(v) 

(v¡) 

(vii) 

THAT Bylaw #5192, "City of Vernon Tax Rates Bylaw 

Number 5192,2009" - a bylaw for the levying of rates 

for Municipal, Hospital, Regional District and Specified 

Area purposes for the Year 2009, be adopted. (P. 123) 

THAT Bylaw #5199, "Subdivision and Development 

Servicing "Schedules H and O' Amendment Bylaw 

Number 5199, 2009" - a bylaw to amend the "City of 

Vernon Subdivision and Development Servicing Bylaw 

#3843, 1992", be adopted. (P. 1271 

THAT Bylaw #5193, "City of Vernon Athletic Commission 

(Term Extension) Amendment Bylaw Number 5193, 

2009" - a bylaw to note that all terms expire, unless 

extended by Council resolution, be adopted. (P. 138) 

THAT Bylaw #5200, "Refuse Collection (Recycling 

Rates) Amendment Bylaw Number 5200, 2009" - a 

bylaw to amend City of Vernon Refuse Collection Bylaw 

Number 3148, 1982 to include reference to commercial 

recycling, be adopted. (P. 139) 

THAT Bylaw #5201, "4100 - 25rH Avenue Housing 

Agreement Bylaw Number 5201, 2009" - a bylaw to 

authorize entering into a Housing Agreement with 

Vernon and District Community Land Trust Society, 

Kindale Developmental Association and Kelowna Habitat 

for Humanity Society, for an attainable housing project, 

be adopted. (P.1421 

THAT Bylaw #5135, "1900 31 'A' Street Plan Vernon 

Amendment Bylaw Number 5135, 2008" - a bylaw to 

redesignate the subject property from "Residential - High 

Density" to "Public lnstitutional", be adopted. (lnterior 

Health Authority) (P. f 68) 

THAT Bylaw #5136, "1900 31 'A' Street Rezoning 

Amendment Bylaw Number 5136, 2008" - a bylaw to 

rezone the subject property from 'RH1 Low Rise 

Apartment Residential' to 'P2 - Public lnstitutional', be 

adopted. (lnterior Health Authority)(P. 1711 

. Memo dated April 30, 2009, from Mr. Dale Rintoul, 

Planner, re: IHA OCP Amendment Bylaw #5135 

and Rezoning Bylaw#5136. (P.1741 

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snt2009

PAGE 5 


MONDAY, MAY II, 2OO9 

THIRD READING 

(viii) THAT Bylaw #5185, '3507 33'd Street Rezoning 

Amendment Bylaw Number 5185, 2009" - a Bylaw to 

rezone the subject lands from C4 - Street Oriented 

Commercial, to P2 - Public Institutional, be read a third 

time. (P. 1781 (MQN Architects) 

G:\CLERK\AGENDAS\REGULAR 

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o Memo dated May 1, 2009, from Mr. Dale Rintoul, 

Planner, re: 3507 33'd Street Rezoning Amendment 

Bylaw #5185 - Staff Response to Public Hearing 

Submissions. (P.181) 

THAT Council rescinds the resolution passed at the 

Regular meeting held on March 23, 2009 regarding 

rezoning of Lot A, Plan 35121, Sec. 3, Tp. 8, ODYD 

(3507 33'd Street) from C4 Street Oriented 

Commercial to P2 Public Institutional in order to 

construct a public educational facility for the School 

District 22 Alternative Learning Program and replaces 

the resolution as follows: 

THAT Council supports the application from officials of 

MQN Architects to rezone Lot A, Plan 35121, Sec. 3, Tp. 

Street Oriented 

8, ODYD (3507 - 33rd Street) from C4 - 

Commercial to P2 Public lnstitutional in order to 

construct a public educational facility for the School 

District 22 Alternative Learning Program. 

AND FURTHER, that Council approve Development 

Variance Permit #DVP00150 to vary the following 

provisions of the P2 - Public lnstitutional zone in Zoning 

Bylaw #5000 as it relates to a proposed educational 

facility on Lot A, Plan 35121, Sec. 3, Tp. 8, ODYD (3507 

33'd Street): 

- 

a) to vary the minimum front yard setback from 6.0 

metres to 3.0 metres; 

b) to vary the minimum north side yard setback 

from 4.5 metres to 1.8 metres; 

c) to vary the minimum south side yard setback 

from 4.5 metres to 2.3 metres; 

d) to vary the minimum rear yard setback from 7.5 

metres to 1.2 metres; 

e) to vary the minimum off-street parking 

requirements from 12 parking stalls to 7 parking 

stalls; 

5nt2009

PAGE 6 


MONDAY, MAY 1'1, 2OO9 

D to vary the minimum off-street car loading 

requirements from 5 car loading stalls to 0 stalls; 

and 

g) to vary the minimum off-street bus loading 

requirements from 3 bus loading stalls to 0 

stalls. 

Council's approval is based upon the following conditions: 

a) One of the off-street parking stalls is to be 

signed and designated as a loading and drop-off 

stall. This stall is not to be designated the 

handicap parking stall; 

b) Good neighbour style fencing is to be installed 

along the north, east and south property lines of 

the subject property; 

c) The number of on-site bike stalls is to be 

increased from 6 to 11 stalls; and 

d) The site and building elevation plans are to form 

part of and are to be attached to the 

Development Variance Permit as Schedule 'A'. 

(¡x) THAT Bylaw #5186, "2000 Pottery Road Rezoning 

Amendment Bylaw Number 5186, 2009" - a Bylaw to 

rezone the subject lands from A3 - Rural Small Holdings 

to R2 - Large Lot Residential, be read a first and second 

time; (P. 1861 (Piovesan) 

(x) THAT Bylaw #5180, "Zoning Text (400 Slot Machine 

Limit) Amendment Bylaw Number 5180, 2009" - a bylaw 

to amend City of Vernon Zoning Bylaw 5000 to increase 

the number of slot machines permitted in the City of 

Vernon, be read a third time. (P. 1891(City of Vemon) 

FIRST, SECOND AND THIRD 

READINGS 

(x¡) THAT Bylaw #5197, "Tronson Road Local Area Service 

No. 2 Establishment Bylaw No. 5197,2009" - a bylaw to 

establish a local service area for the purpose of 

providing Sanitary Sewer Service to the benefit of 

Tronson Road Sewer Local Area Service #2, be read a 

first, second and third time. (P. f 91) 

10. COUNCIL INFORMATION UPDATES 

A. Mayor and Councillors Reports. 

G:\CLERICAGENDAS\REGULAR 

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PAGE 7 


I1. CLOSE OF MEETING 

12. INFORMATION ITEMS 

A. Ambulance Paramedics of B.C. - 

re: Call Volumes (P. f 96) 

MONDAY, MAY I I, 2OO9 

BC Ambulance, statistics 

B. Letter dated April 28, 2009, from Mayor Sharon Shepherd, 

Mayor, City of Kelowna, re: Congratulations on Recent 

Selection as Host for the 2012 BC Winter Games. (P.2071 

C. Minutes from the following Committees of Council: 

(¡) Communities in Bloom, Apr 16,2009 (P.208) 

(¡¡) Finance Committee, Mar 30, 2009. (P. 213) 

(iii) Heritage Advisory Committee, April 16, 2009 (P.2211 

D. Public Hearing Agenda for May 11,2009 (P.2271 

NOTE: 

Public Hearing scheduled for at 5:30 pm at City Hall for the following: 

1. "1404 Copper Mountain Court Rezoning Amendment Bylaw Number 5194,2009" AND DVP 

#001 57 (Freestone Enterprises lnc.) 

2. "Zoning Text (C5 - Liquor Primary, Major) Amendment Bylaw Number 5191, 2009" (Rising Tide) 

Duplex Residential) Amendment Bylaw Number 5202,2009" (City of Vemon) 

3. "Zoning Text (R5A - 

G:\CLERKAGENDAS\REGULAR OPEN\2o09\t\¡ay I I Regular Agenda doc

CALL TO ORDER 


MINUTES OF A REGULAR OPEN MEET¡NG OF COUNCIL 

HELD MONDAY, APRIL 27,2009 

Acting Mayor Nicol called the meeting to order at 1:30 pm. 

PRESENT: Acting Mayor Nicol 

Councillors: S. Lee, M. O'Keefe, B. Spiers, J. Gilroy 

P. Nicol, (Mayor Lippert, B. Baumbrough, absent) 

Staff: 

L. Gous, CAO 

P. Bridal, Corporate Officer 

S. Blakely, Deputy Corporate Officer 

K. Bertles 

J. Carlisle, Fire Chief 

R. Owens, Deputy Fire Chief 

L. Skolrood, Deputy Fire Chief 

L. Thomson, Administrative Assistant 

B. Parsons, Firefighter 

T. Pakenham, Manager, Safe Communities Unit 

L. Williams, Media Liaison/Grants Coordinator 

C. Kanester, Manager, Bylaw Enforcement 

R. Dickinson, Manager, Engineering 

D. Rintoul, City Planner 

B. Marshall, Environmental Planner 

D. Strachan, Planning Assistant 

B. Lavin, Planning Assistant 

Captain Paul Pshyk 

Firefighter Dean Wakefield 

Firefighter Dan Walker 

Firefighter Ryan McGivern 

Firefighter Brent Bond 

Others: News Media and General Public 

ADOPTION OF THE AGENDA: 

APPROVAL OF ITEMS LISTED Moved by Councillor Lee, seconded by Councillor O'Keefe: 

ON THE AGENDA 

THAT the Agenda for the Monday, April 27,2009, Regular 

Open meeting of the Council of The Corporation of The City 

of Vernon be amended as follows: 

1. REMOVE ITEM 3.C Delegation, BC Transplant 

Society, re: Email dated April 23'd from BC Transplant 

indicating they are unable to attend the April 27tn 

meeting. 

9

PAGE 2 

REGULAR OPEN MEETING OF COUNCIL MONDAY, APRIL27,2OO9 

2. SEE ITEM 6.4.(¡) Heritage Restoration Grant 

Applications, re: Memorandum from the Heritage 

Advisory Committee regarding grant application lor 4200 

- 3oth Street 

3. NEW ITEM 7.(xv) - 4100 - 25rH Avenue Housing 

Agreement Bylaw Number 5201,2009" re: A Bylaw 

to authorize entering into a Housing Agreement with 

Vernon and District Community Land Trust Society, 

Kindale Developmental Association and Kelowna 

Habitat for Humanity Society, for an attainable housing 

project, be read a first, second and third time. 

AND FURTHER, be adopted, as amended. 

CARRIED. 

ADOPTION OF MINUTES; 

COUNCIL MEETINGS 

Moved by Councillor Gilroy, seconded by Councillor Spiers: 

THAT the minutes of the Regular Meeting of Council and the 

minutes of the Committee of the Whole Meeting of Council 

held April 14,2009 be adopted; 

CARRIED. 

PRESENTATION - 

FIREFIGHTER BRIAN 

PARSONS 

(70r0-0r) 

DELEGATION - INTERIOR 

HEALTH 

(0384-20) 

GENERAL MATTERS: 

Fire Chief Jeff Cadisle introduced Fire Fighter Brian Parsons, the 

second firefighter in North America to return to full firefighting 

duties, following a heart transplant. 

Acting Mayor Nicol presented Firefighter Parsons with his 

firefighter helmet, to commemorate his return to work, following a 

remarkable recovery. 

Ms. Patricia Furey, Health Services Administrator for the North 

Okanagan provided a power point presentation entitled 'Building 

Patient Care - Kelowna and Vernon's Hospital Project'. Ms. 

Furey updated Council on the progress of these projects: 

o Mr. Mark Casson, Construction Manager here to answer 

specific questions regarding building projects 

o Advised that she is the new Administrator, replacing Mr. 

Peter Du Toit 

o Spoke briefly on population demographics for the area 

. Projecting an increase in senior populations, and decrease in 

younger population 

10

PAGE 3 

REGULAR OPEN MEETING OF COUNCIL MONDAY, APRIL 27,2009 

. ln order to meet the growing needs, lnterior Health promoting 

healthy lifestyles 

. Primary Care Centres and Supportive Home Care programs 

reviewed 

. Major renovation to Emergency Ward at Vernon Jubilee 

Hospital (VJH) completed 

o Developed intensive rehab beds located at Carrington 

. Construction of new tower will expand and modernize 

services 

o Two additional floors will be shelled in for future expansiôn 

o Running at average 118o/o occupancy over the last 12 months 

o Much of the activity can be attributed to growing aging 

population 

. Amount of operating time allocated to surgeons is well within 

norm of 8.C., however doing more surgeries in Vernon than 

in other areas of North Okanagan 

need to examine 

o Higher than Provincial average - 

. Surgical volumes have increased more than population 

growth 

. Undertaking an Operational Review to help to understand this 

volume 

¡ North Okanagan data will be compared to other areas and 

similar sized communities 

o 5 physicians, Mayor Lippert, Leon Gous and Hospital 

Administrators will sit on this Review Committee 

Will review findings with Council in the Fall 

o From there, plans will be made for future service delivery 

. 250 to 300 attended open house for new tower plans 

o Thanks for support of fundraising efforts 

PRESENTATION - SAFE 

COI'IMUNITIES UNIT - 

QUARTERLY REPORT 

(7500-20) 

Mr. Terry Pakenham, Manager, Safe Communities Unit, provided 

his Quarterly Report (Oct 01 to Dec 31, 2008) and noted the 

following: 

. Conducted 88 formal presentations during this quarter 

o Creation of several first time projects 

. 'Homeless Camp Dismantle' protocol developed and a 

handout created 

o Created GraffitiTask Force in partnership with other agencies 

. Developed strategy for implementation of 'City Watch' 

program 

. Expanded program to include Fire Rescue staff 

. Training 300 City Staff to participate in this program 

o BCAA Traffic Safety Program to be run offering a seminar to 

parents of teens who are learning to drive 

o City wide 'cons and scams'workshop to be held at Schubert 

o Scooter Safety course to be held in June 

. This program now adopted in other communities 

11

PAGE 4 REGULAR OPEN MEETING OF COUNCIL MONDAY, APRIL 27,2009 

PRESENTATION - 

. Volunteer based programs working very well 

o Entered RCMP Pacific Regional photo contest 

. 80 photos entered - Vernon entered 41 photos, and won 2nd, 

3rd and Honorable Mention. 

Ms. Annette Sharkey, Executive Director Social Planning Council 

SOCIAL PLANNING COUNCIL for the North Okanagan provided her Quarterly Report and noted 

- QUARTERLY REPORT the following: 

(0360-20) 

Partners in Action activities reviewed including: 

o Harm Reduction Team 

. Homeless Camp Protocol -'Cool Outreach Team'will work to 

do a'count'of homeless in the community 

. 'Under one Roof project - ground breaking, and building 

permit has been applied for 

. 'Senior Discount Program'for recreation activities launched 

(pool & weight room) 

researching what other communities 

. 'Toilet Action Team' - 

are doing for public washrooms 

o 

: 

Other communities are very interested in how this 'Partners in 

Action' model works 

. Presentation made in Eastern Russia regarding program 

OGO CHASER SWIM 

FUNDRAISER 

(0230-0r) 

UNFINISHED BUSINESS 

Moved by Councillor Spiers, seconded by Councillor Lee: 

THAT Council supports the 10th Anniversary 2OOg Ogo 

Chaser Swim to raise funds for the new Hospital Tower 

planned at Vernon Jubilee Hospital; 

AND FURTHER, that Council supports the organization in 

obtaining the services of Mr. Tucker Smith, a renowned artist, 

for the creation of the memorial print. 

CARRIED. 

TRANSPORTATION DEMAND Moved by Councillor Lee, seconded by Councillor Gilroy: 

MANAGEMENT (TDM) 

COMMITTEE AMENDMENT TO 

THAT Council adopts the Transportation Demand 

THE TERMS OF REFERENCE Management (TDM) Committee Terms of Reference, as 

(8330-20) amended, in the memo dated April 16, 2009, from Ms. 

Amanda Watson, Transportation Technician, 

CARRIED. 

t2

PAGE 5 


DECLASSIFIED MOTIONS FROM THE IN.CAMERA 

MEETINGS 

DECLASSIFIED MOTIONS 

Moved by Councillor O'Keefe, seconded by Councillor Gilroy: 

THAT Council brings fonuard, as public information, the 

following motion declassified at the April 14, 2009, In- 

Camera meeting: 

O UNITY FRUIT LTD. - 

LIFETIME FREE 

PARKING METER 

PASS 

Councíllor Spiers declared a conflict of interest in the following 

matter, as Ms. Joanne Georgeson suppoñed him financially, in the 

last election, and left the meeting at 2:11 pm. 

"THAT Council approves the rssuance of a nontransferable, 

Lifetime Free Pafuing Meter pass fo Ms. 

Joanne Georgeson, as full and final compensation for the 

ownership transfer registration of a 30 foot roadway from 

Unity Fruit Ltd. to the City of Vemon. 

CARRIED. 

Councillor Sprbrs retumed to the meeting at 2:12 pm. 

MATTERS REFERRED FROM COMMITTEE OF THE WHOLE 


THAT Council ratifies and confirms the following resolution 

adopted at the April 27, 2009 Committee of the Whole 

meeting of Council: 

VERNON SPIRIT 

SQUARE 

"THAT Councilendorse the preliminary design for Vernon 

Spirit Square as submitted by Site 360 and MMM Group 

and direct staff to proceed with tendering and 

construction of the project using funds approved in the 

2009 Capital budget." 

"THAT Council directs staff to review potential grants and 

other funding sources to secure additionalfunding for the 

Civic Plaza so that the construction can be completed in 

conjunction with Vemon Spirit Square, with a repoñ back 

to Council for approval" 

CARRIED. 

13

PAGE 6 


Moved by Councillor Gilroy, seconded by Councillor Lee: 

THAT Council ratifies and confirms the following resolution 

adopted at the April 27, 2009 Committee of the Whole 

meeting of Council: 

O PROPOSED GROUND 

LEASE AND HOUSING 

AGREEMENT FOR 

4IOO - 25TH AVENUE 

'THAT Council approves the Ground Lease Agreement 

between the City of Vemon and The Vemon and Distríct 

Community Land Trust, Kndale Developmental 

Association and the Kelowna Habitat for Humanity 

Society, for the purposes of ..developing an affordable 

housing complex at 4100 - 2dn Avenue; 

AND FURTHER, that Council approves fhe Housing 

Agreement between the City of Vemon, The Vemon and 

District Community Land Trust, Kndale Developmental 

Association and the Kelowna Habitat for Humanity 

Society for the purposes of .developing an affordable 

housíng complex at 4100 - 25n Avenue." 

CARRIED. 

NEW BUSINESS: 

CORRESPONDENGE: 

PRESENTATION - HERITAGE 

ADVISORY COMMITTEE - 

2OO9 HERITAGE 

RESTORATION GRANT 

PROGRAM 

(0540-27, r850-01) 

Rosalie Schmidt, representing the Heritage Advisory Committee 

reviewed the Committee recommendations for the 2009 Heritage 

Restoration Grant Program, and reviewed the Committee's 

Request for Permission to Attend the BC Heritage Society Annual 

Conference. 

PAT MCALLISTER, 24OO - 25th Moved by Councillor Gilroy, seconded by Councillor Lee: 

Avenue - Exterior Painting 

THAT Council supports the recommendation from the 

Heritage Advisory Committee and approves the Heritage 

Restoration Grant application submitted by Pat McAllister, for 

24OO - 25th Avenue, in the amount of $4,350.00, to be used 

towards painting the exterior of the subject building. 

CARRIED. 

L4

PAGE 7 


MARK JONES, 3OO1 - 25th 

Street - Exterior Painting 

JUDY FULLERTON, 2906 - 

26th Street - Exterior Painting 

Moved by Councillor Spiers, seconded by Councillor Lee: 



Restoration Grant application submitted by Mark Jones for 

3001-25thstreet, ¡n ine amount of $4,70-0.00, to be used 


CARRIED. 




Restoration Grant application submitted by Judy Fullerton for 

2906 - 26th Street, in the amount of $2500.00, to be used 


CARRIED. 

REINER STASS, 3212- 3oth 

Avenue - Exterior Painting 

CPR STATION HOUSE, 7813 - 

Okanagan Landing Road - Reroofing 




Restoration Grant application submitted by Reiner Stass on 

behalf of Cloverteaf Holdings Ltd., Ío¡ 3212- 30th Avenue, in 

the amount of $550.00, to be used towards repairing and 

painting window frames and mouldings on the subject 

building. 

CARRIED. 

Moved by Councillor Lee, seconded by Councillor Gilroy: 



Restoration Grant application submitted by Val Heuman, 

officíal of the Okanagan Landing and District Community 

Association, for 7813 Okanagan Landing Road, in the amount 

of $5,000.00, to be used towards re-roofing the subject 

building. 

CARRIED. 

15

PAGE 8 


HENK BOSMAN,2501 - 23'd Moved by Councillor Gilroy, seconded by Councillor Lee: 

Avenue - Re-roofing 


Heritage Advisory Committee and denies the Heritage 

Restoration Grant application submitted by Henk Bosman for 

2501 - 23'd Avenue in order to reptace the roof on the subject 

building, as Mr. Bosman received a Heritage Restoration 

Grant in 2008. 

CARRIED. 

IIIAURIE DEATON & GUIDO 

VANDERHEVDEN, 42OO - 3oth 

Street 


THAT Council defer a final decision on the Heritage 

Restoration Grant application submitted by Maurie Deaton 

and Guido Vanderheyden to assist with the cost to install a 

new foundation for the former CPR Section House which is 

proposed to be moved from 3901 - 30th Street to a new lot to 

be subdivided from the property at 42OO - 30th Street. The 

deferral is to be until the fall of 2009 in order to confirm 

remaining grant funds and to review the site design and 

orientation of the relocated building. 

HERITAGE ADVISORY 

COMMITTEE - REQUEST FOR 

PERMISSION AND 

- REQUEST TO USE COV 

LOGO 

(0870-20-07) 

CARRIED. 


THAT Council supports the request from the Heritage 

SPONSORSHIP TO ATTEND Advisory Committee for two Committee Members to attend 

CONFERENCE 

the BC Heritage Society Annual Conference in Kelowna, 

(ouo-zt¡ 

June 4-6, 2009 at a cost of $175.00 each. 

CARRIED. 

UNDER ONE ROOF PROJECT Moved by Councillor O'Keefe, seconded by Councillor Spiers: 

THAT Council approves Kindale Development Association 

utilization of the City of Vernon Logo on the signage and 

advertisements for the 'Under One Roof Project' at 4100 25'n 

Avenue. 

CARR¡ED. 

r.6

PAGE 9 

RAILS WITH TRAILS - 

RESOLUTION 

(0230-s6) 



THAT Council approves the request from the Ribbons of 

Green Trail Society in supporting the City of Kelowna's 

resolution regarding the Rails with Trails initiative, as follows: 

'WHEREAS railway dedication or rights of way in urban 

areas provide excellent oppo¡tunities fo develop multiuse 

pathways or trails for altemate, active and 'green' 

transpoñation; 

AND WHEREAS feasibílity sfudies have shown that 

fhese multi-use pathways can be developed safely so as 

not to cause significant conflicts with the routine 

operation of the rail system; 

AND WHEREAS fhe development of off-road multi-use 

pathways for non-motorízed vehicles is in the interest of 

all levels of govemments to reduce motor vehicles use, 

improve the health of Canadian citizens and reduce 

emissrbns from transpoñation which contríbute to climate 

change; 

AND WHEREAS fhese multi-use pathways on active rail 

conidors are refened to as Rails-with-Trails conidors; 

THEREFORE BE /f RESOLVED that the provincial and 

federal govemments be asked to support joint-use 

agreements with railway companies for Rails-with-Trails 

corridors; 

AND BE lT FURTHER RESOLVED THAT the federal 

govemment be asked to unde¡take legislative 

amendments to the Canadian Transpoñation Act to 

recognize the need for parallel conidors to be provided 

within rail ríghts of way and authorize provincial and local 

govemments to apply to the Canadian Transpoñation 

Agency, in absence of agreement with a railway 

company, for authority to place trails within rail rights of 

way.' 

CARRIED. 

CANADIAN FEDERATION OF Moved by Councillor Spiers, seconded by Councillor O'Keefe: 

INDEPENDENT BUSINESS - 

PROPERTY TAXES 

(0360-0r) 

THAT Council direct staff to provide a response to the 

Canadian Federation of lndependent Business, letter dated 

April 8, 2009, regarding Property Taxes, which details the 

followíng measures that Council has put fonruard to reduce 

the tax burden placed on businesses through property taxes: 

L7

PAGE IO 

REGULAR OPEN IIITEET¡NG OF COUNCIL MONDAY, APRIL 27,2009 

1. For the last 2 years Council supported UBCM resolution 

for an increase to $50,000 for the statutory property 

exemption for business Class 6 assessments, which is 

currently at $10,000, regardless of the property value 

2. Premier Campbell announced on October 22, 2008 

that 50% of all school property taxes will be rebated to 

light and heavy industry annually, to lower their costs 

and help them grow. Council supports extending this tax 

change to the Class 6 Business Class. 

AND FURTHER, that the Canadian Federation of 

Independent Business be requested to provide a letter of 

support for the City of Vernon's position on these two issues. 

CARRIED. 

MUNICIPAL FINANCE 

AUTHORITY - EARLY DEBT 

OPTION 

(1850-20, 0540-25) 

Moved by Councillor Gilroy, seconded by Councillor Spiers: 


Finance Committee and authorizes the early payment of the 

Municipal Flnance Authority (MFA) debt issues, outlined in 

the memo from the Manager, Finance, dated March, 26, 

2009, in the amount of $676,466.00, using funds from 

accumulated MFA surplus refunds. 

CARRIED. 

AMBULANCE PARAMEDICS 

OF B.C. - REQUEST FOR 

SUPPORT 

(7r00-or) 

Staff was requested to obtain information regarding local 'call 

volumes' for Ambulance Response from the BC Ambulance 

Service website and provide same for Council, information. 

REPORTS: 

SUSTAINABILIW AWARDS 

SELECTION COMMITTEE 

NOMINEES 

(6¡140-04) 


THAT Council appoints the following representatives to serve 

on the 2009 Sustainability Awards Selection Committee: 

. Pamela Miller of the Vernon Chamber of Commerce 

. Eric Kowalski of the Allan Brooks Nature Centre 

o Kim Lauritsen of the North Okanagan Community 

Futures Connections Career Centre 

CARR¡ED. 

Actíng Mayor Nicol declared a conflict of interest in the following 

matter, as fie owns the building located beside the establishment 

in question, and left the meeting at 2:30 pm. 

1g

PAGE 11 


Councillor Gilroy assumed the Chair as Acting Mayor. 

ON THE ROXX SHOW 

LOUNGE - APPLIGATION TO 

REVISE LIQUOR LICENCE 

(3307 - 32ND AVENUE) 

(4320-20, LL00006) 

Moved by Councillor Lee, seconded by Councillor O'Keefe: 

THAT Council advise the Liquor Control and Licensing 

Branch (LCLB) they do not support the application to change 

the hours of operation at On the Rolx Show Lounge at 3307 

- g2nd Avenue from 7:00 p.m. - 2:00 a.m. seven days a week 

to 4:00 p.m. - 2:00 a.m. seven days a week. 

AND FURTHER, the LCLB be advised that Council's non 

support of the subject liquor licence application addresses 

the LCLB criteria in the following manner: 

a) The potential for noise if the application is approved. 

. Gouncil feels the subject application, if approved, will 

negatively impact the nearby businesses by 

íntroducing clientele, noise and related conflicts that 

are not normally associated with area businesses 

during the proposed new hours of operation. 

b) The impact on the community if the application is 

approved. 

. Council feels the subject application, if approved, will 

negatively impact the nearby businesses by 

introducing clientele, noise and related conflicts that 

are not normally associated with area businesses 

during the proposed new hours of operation. 

c) Whether the amendment may result in the establishment 

being operated in a manner that is contrary to its primary 

purpose (comments are only provided if the application is 

from a food-primary licence for an extension of hours of 

service past midnight or the addition of patron 

participation entertainment). 

. Comments are not required as the application does 

not involve a food-primary licence or patron 

participation entertainment. 

d) The views of residents if the licence amendment may 

affect nearby residents (describe the views of residents, 

the method used to gather the views and provide 

comments and recommendations with respect to the 

views). 

o When reviewing liquor licence applications, Council 

has a policy wherein the owners of and businesses on 

properties within 60.0 m of the property that is the 

subject of the application are advised in writing of the 

19

PAGE 12 


application and provided an opportunity to provide 

Council with their comments. There are two ads 

published in the local newspaper advising the public of 

the application and providing the public with an 

opportunity to provide Council with their comments. 

The local RCMP are also requested to provide their 

comments. 

o With regard to the subject application, the owners of 

41 properties and the 38 businesses on those 

properties were each sent a letter outlining the 

application and requesting their comments. The City 

has received 31 responses with all those opposed to 

the 4:00 p.m. opening time. Copies of the responses 

are attached for reference. Council supports the views 

of the individuals that submitted their comments and, 

therefore, Council does not support the subject liquor 

licence application to change the hours of operation. 

. The RCMP have indicated they do not have any 

concerns with the application as long as the 

owners/operators follow through on a continuous 

basis, with the "good neighbour rule" as the applicant 

has outlined in their letter to Council to "....only show 

sporting events on our televisions until 5:30 p.m." A 

copy of the applicant's letter dated February 3, 2009 is 

attached for reference. 

CARRIED. 

Acting Mayor Nícol retumed to the meeting at 2:36 pm. 

BRAD BALL - TRI.GREST 

INVESTMENT CORP. LAND 

USE CONTRACT DISCHARGE 

APPLICATION FOR LOT I, 

PLAN 33321, ODYD (2704 

HOWSER PLACE) 

(336040, LUC0oo06, 3o9o-oo1 58, 

DVPooI 58, 05861.200) 


THAT Council support the application submitted by Brad Ball 

to discharge Tri-Crest lnvestment Corp. Land Use Contract 

N01421 that governs Lot 1, Plan 33321, ODYD (2704 

Howser Place) subject to the following: 

1. That a covenant be registered on the title of the proposed 

lot where the existing house ís located and to assign a 

minimum 8.0m front yard setback which is equal to other 

properties fronting Howser Place. And further, that the 

covenant may be considered for discharge or modification 

when the Land Use Contract governing the Howser Place 

properties is considered for discharge or modification; 

20

PAGE 13 

REGULAR OPEN MEETING OF COUNCIL MONDAY, APRIL 27,2OOg 

2. That the existing statutory right-of-way along the south 

portion of the property be widened so it is 3.0m in width, 

except for the area where the existing house is situated; 

and; 

3. That a covenant be registered restricting driveway access 

from Allenby Way to be sited within only the northern 7.5m 

frontage of Allenby Way as shown on Figure 6. 

AND FURTHER, that Council support a Development 

Variance Permit that will vary the minimum rear yard setback 

from 7.5m to 6.0m for the proposed easterly lot of the 

proposed subdivision of Lot 1, Plan 33321, ODYD (2704 

Howser Place) subject to the following: 

1. The Tri-Crest lnvestment Corp. Land Use Contact 

N01421 governing the property is to be discharged. 

AND FURTHER, that the owners and occupiers of properties 

fronting Howser Place be notified of the subject LUC 

discharge and DVP application so they may provide Council 

with their comments at the official Public Hearing and Public 

lnput session. 

CARRIED. 

WINNIE HUNT - REZONING 

APPLICATION FOR LOT 7, 

PLAN 20324, 

DL 70 AND 71, ODYD (4217 - 

2BrH AVENUE) 

(zoN00l 36, 3360-20-001 36) 

Moved by Councillor Gilroy, seconded by Councillor O'Keefe: 

THAT Council support the application submitted by Winnie 

Hunt to rezone Lot 7, Plan 20324, DL 70 and 71, ODYD 

(4217 28th Avenue) from RM2 Multiple Housing 

Residential to R4 Small Lot Residential in order to 

subdivide the property into two single family dwelling lots. 

CARRIED. 

STEPHEN AND COLETTE 

GELTER - REZONING 

APPLICATION FOR LOT I, 

PLAN 14679l' LOT I, 

PLANíl990; AMENDED LOT 

14, PLAN 4935; ALL lN TP 9, 

SEC 19 and 30, ODYD (7373, 

7397 and7417 BROOKS 

LANE) 

(zoN00l 25, 3360-20-001 25) 


THAT Council support the application submitted by Stephen 

and Colette Gelter to rezone Lot 1, Plan 14679: Lot 1, Plan 

11990; Amended Lot 14, Plan 4935; all in Tp 9, Sec 19 and 

30, ODYD (7373,7397 and 7417 Brooks Lane) from R1 - 

Estate Lot Residential to C10 - 

Tourist Commercial in order 

to construct an 18 unit tourist accommodation/residential 

complex. Council's support is subject to the following 

conditions: 

1. That the owner dedicate and register 4.0m in depth 

along the properties fronting Brooks Lane as road rightof-way 

widening; 

2I

PAGE 14 

REGULAR OPEN MEETING OF COUNCIL MONDAY, APRIL27,2OOg 

2. The subject properties are to be consolidated into one 

lot as part of the road right-of-way widening subdivision 

plan; 

3. That the owner register a statutory right-of-way (SROW) 

which has a depth of 6.0m from the natural high 

watermark inland along the property's foreshore of 

Okanagan Lake for the purpose of a future public 

walkway/boardwalk and associated works and 

amenities; 

4. That the owner register a Restrictive Covenant to 

prohibit the construction of buildings and certain 

structures within 4.5m of the public walkway SROW 

noted above in condition #3. 

5. That the owner register a Restrictive Covenant limiting 

the use of the property to the following primary uses: 

Apartment housing, tourist 

Artist studio 

Cultural exhibits, private 

Hotels 

Hotel, apartment 

Motels 

Personal services 

Primary food establishment 

Retail stores, convenience 

Retail stores, general 

Row housing, tourist 

Stacked row housing, tourist 

6. That the owner register a Restrictive Covenant 

restricting the use of a minimum of 70o/o oÍ the dwelling 

units to short term accommodation which is subject to 

the 180 day per year per tenant occupation limltation. 

Up to 30% of the units can be used for permanent 

residential occupancy; and 

7. That the owner enter into a Development Agreement for 

the construction of off-site road, multi-use trail, curbing 

and related servicing works along Brooks Lane fronting 

the consolidated property. 

CARRIED. 

22

PAGE 15 


LEGISLATIVE MATTERS: 

BYLAWS: 

ADOPTION 

Moved by Councillor Spiers, seconded by Councillor Gilroy: 

THAT Bylaw #5188, "Beachwalk Villas Development Sanitary 

Sewer Latecomer Charge Bylaw Number 5188, 2009" - a 

bylaw to impose a Latecomer Fee for properties serviced 

from the Beachwalk Villas Development, be adopted. 

CARRIED. 


THAT Bylaw #5189, "Danny Gilmore Sanitary Connection 

Sanitary Sewer Main Latecomer Charge Bylaw Number 5189, 

2009' - a bylaw to impose a Latecomer Fee for properties 

serviced from the City Trunk Main in Eastside Road, be 

adopted. 

CARRIED. 


THAT Bylaw #5171, "Zoning TextAmendment (Legacy Trees) 

Bylaw Number 5171,2009" - a bylaw to amend Zoning Bylaw 

5000 to address legacy trees, be adopted. 

CARRIED. 


THAT Bylaw #5172, "Landscape Standards (Legacy Trees) 

Amendment Bylaw Number 5172,2009 - a bylaw to amend 

"City of Vernon Landscape Standards Bylaw Number 5015, 

2006" to address legacy trees in the City of Vernon, be 

adopted. 

CARRIED. 

by Councillor Gilroy, seconded by Councillor Lee: 

THAT Bylaw #5177, "Zoning Text Amendment (Hillside 

Districts) Bylaw Number 5177,2009" - a bylaw to amend City 

of Vernon Zoning Bylaw 5000 to address Hillside Districts, be 

adopted. 

CARRIED. 

23

PAGE 16 


RESGIND THIRD READING, Moved by Councillor O'Keefe, seconded by Councillor Gilroy: 

THIRD READING AS 

AMENDED 

THAT third reading of Bylaw #5192, "City of Vernon Tax 

Rates Bylaw Number 5192,2009'- a bylaw for the levying of 

rates for Municipal, Hospital, Regional District and Specified 

Area purposes for the Year 2009, be rescinded; 

AND FURTHER that Schedule 'A' of Bylaw #5192 be 

amended to correct the calculation of the Regional District 

requisition, and thereafter that Bylaw #5'192, "City of Vernon 

Tax Rates Bylaw Number 5192,2009", be read a third time, 

as amended. 

Moved Spiers, seconded by Acting Mayor Nicol. 

THAT Council direct staff that 50% of the budget for Fire 

Services be moved back into the specified areas (row E and 

F) of schedule A for bylaw 5192. 

DEFEATED, with Councillors Gilroy, O'Keefe and Lee 

opposed. 

THE QUESTION WAS CALLED ON'THE MAIN MOTION AND 

DECLARED CARRIED, with Councillor Spiers and Acting 

Mayor Nicol opposed. 

FIRST, SECOND AND THIRD Moved by Councillor Gilroy, seconded by Councillor Lee: 

READINGS 

THAT Bylaw #5199, "subdivision and Development Servicing 

"schedules H and O" Amendment Bylaw Number 5199, 

2OO9' - a bylaw to amend the "City of Vernon Subdivision 

and Development Servicing Bylaw #3843, 1992", be read a 

first, second and third time. 

CARRIED. 


THAT Bylaw #5193, "City of Vernon Athletic Commission 

(Term Extension) Amendment Bylaw Number 5193, 2009'- 

a bylaw to note that all terms expire, unless extended by 

Council resolution, be read a first, second and third time. 

CARRIED. 

24

PAGE 17 



THAT Bylaw #5200, "Refuse Collection (Recycling Rates) 

Amendment Bylaw Number 5200, 2009'- a bylaw to amend 

City of Vernon Refuse Collection Bylaw Number 3148, 1982 

to include reference to commercial recycling, be read a first, 

second and third time. 

FIRST AND SECOND 

READINGS AND PUBLIC 

HEARING 

CARRIED. 

Moved by Councillor Lee, seconded by Councillor O'Keefe: 

THAT Bylaw #5194, "1404 Copper Mountain Court Rezoning 

Amendment Bylaw Number 5194, 2009'- a bylaw to rezone 

the subject properties from "R4 - Small Lot Residential" to 

"R5A - Duplex Residential", be read a first and second time; 

(Freestone Enterprises I nc.) 

AND FURTHER, that the Public Hearing for Bylaw 5194 be 

scheduled for Monday, May 11th, 2009, at 5:30 pm, in Council 

Chambers, together with the Public lnput for Development 

Variance Permit #000157, for the same lands. 

CARRIED. 

Moved by Councillor Lee, seconded by Councillor Gilroy: 

THAT Bylaw 5202, "Zoning Text (RSA - Duplex Residential) 

Amendment Bylaw Number 5202,2009" - a bylaw to amend 

reference to RSA - Duplex Residential zone to R5A - Semi- 

Detached Residential in Zoning Bylaw 5000, be read a first 

and secondtime;(City of Vemon) 


scheduled for Monday, May 11, 20Og at 5:30 pm in Council 

Chambers. 

CARRIED 


THAT Bylaw 5195, "4217 28th Avenue Rezoning Amendment 

Bylaw Number 5195, 2009" - a bylaw to rezone the subject 

property from "RM2 - Multiple Housing Residential" to "R4 - 

Small Lot Residential", be read a first and second time; (Hunt) 

25

PAGE 18 




Chambers. 

CARRIED. 


THAT Bylaw #5196, "7373,7397, and 7417 Brooks Lane 

Rezoning Amendment Bylaw Number 5196, 2009" - a bylaw 

to rezone the subject properties from 'R1 Estate Lot 

Residential" to "C10 - Tourist Commercial", be read a first 

and second time; (Gelter) 



Chambers. 

CARRIED. 


THAT Council Bylaw #5203, "2704 Howser Place Land Use 

Contract Number 2623, 1977 Discharge Bylaw Number 5203, 

2009' - a bylaw to authorize the discharge of Land Use 

Contract Bylaw Number 2623, 1977, be read a first and 

second time; (Ball) 



Chambers, together with Public lnput for Development 

Variance Permit #00158, for the same lands. 

CARRIED. 

FIRST, SECOND AND THIRD 

READINGS 


THAT Bylaw #520| .4100 25rH Avenue Housing 

Agreement Bylaw Number 5201,2009'- a bylaw to authorize 

entering into a Housing Agreement with Vernon and District 

Community Land Trust Society, Kindale Developmental 

Association and Kelowna Habitat for Humanity Society, for an 

attainable housing project, be read a first, second and third 

time. 

CARRIED. 

26

PAGE 19 


COUNCIL INFORMATION UPDATES: 

COUNCILLOR BOB SPIERS 

BIOSOLIDS FAC¡LITY 

2OO9 BUDGET 

Councillor Spiers reported that he attended a 'Biosolids Show and 

Tell'with Councillors Nicol and O'Keefe. Councillor Spiers noted 

that there was a good turn out by neighbours regarding odour 

problems and historic lack of public input. The biggest concern 

was that new measures to combat odour won't work. Councillor 

Spiers advised that the next meeting is at the end of May and at 

that point they will be in a better position to determine if measures 

are working to curtail odours. 

Councillor Spiers expressed his opinion regarding the City of 

Vernon 2009 Budget, as follows: 

. Council passed a budget that has given an average 5.45o/o 

City tax increase to a $414,406 property 

o There is a claimed 2.7o/o decrease for services taken over 

from NORD bringing it down to a 2.75o/o increase. (A little 

above the 1.99% figure that Media has been showing. 

. Each property in a year where assessments have been 

frozen would expect the same relative tax increase but the 

amalgamation of the fire rates into general taxation and the 

fire tax base change to include I-AND will bring wide 

variations from this 2.75% Tax increase. 

¡ The tax rates will soon be available on the City's website in 

a calculator form so taxpayers can determine taxes 

payable for their property (whether residential, business, 

recreational or farm) and what the year over year increase 

is for 2009. 

. d¡sappointed in the budget that was reached and the 

change in the tax base. 

o Decision made to not only hire many more staff, but also to 

include their full 2009 salary in the budget, despite many 

still not been hired, was perplexing. 

o Decision to reverse a tax reduction after passing it by a 5-2 

vote and reversing that decision 10 days later at a special 

meeting because of "new informatiorì" was inexplicable. 

. There was no debate on Business Tax ratio 

. After a public input meeting on the budget, attended by 

over 70 people, that produced I pages of questions and 

comments from those people, a rather limited and selective 

response by the staff on these questions, Council spent 

less than 5 minutes of debate on the subject 

27

PAGE 20 

REGULAR OPEN MEETING OF COUNCIL MONDAY, APRIL 27,2OOg 

COUNCILLOR MARYJO O'KEEFE 

CHAMBER OF COMMERCE 

DOWNTOWN VERNON 

ASSOCIATION 

Councillor O'Keefe advised that she attended a meeting of the 

Chamber of Commerce and that their annual election has been 

held. 

Councillor O'Keefe reported that the Downtown Vernon 

Association has had their Annual General Meeting and elected 

Ruth Hoyte as their new President this year. Councillor O'Keefe 

further advised that they are busy planning various summer 

events. 

Councillor O'Keefe advised that the event with Safe Communities 

to remove Graffiti in the downtown core was recently held and that 

they have ldentified a number of items to focus on for next year's 

event. 

COMMUNITIES IN BLOOM 

O'KEEFE RANCH 

RAILS w¡th TRAILS 

Councillor O'Keefe advised that Communities in Bloom is'moving 

along' and that they will do a 'kick off on May 9th. lt was noted 

that the City of Kelowna is the City of Vernon's mentor for this 

year, and further that the City of Kelowna is donating a gingko 

tree for planting Polson Park during the opening ceremonies. 

Councillor O'Keefe reported that the O'Keefe Ranch had their first 

meeting following their annual election. lt was noted that Opening 

day was yesterday, and that there was a good turn out, with lots 

of activities to view and participate in. 

Councillor O'Keefe reported that Council dealt with an issue 

related to 'Rails with Trails' to highlight community concerns 

regarding access. lt was noted that the Committee is planning to 

attend Calgary to meet with the President of the CPR. 

COUNCILLOR SHAWN LEE 

TOURISM ADVISORY 

COMMITTEE 

OKANAGAN INDIAN BAND 

IMMERSION SCHOOL 

SOUTHERN INTERIOR 

CONSTRUCTION 

ASSOCIATION 

Councillor Lee reported that he attended the inaugural meeting of 

the Tourism Advisory Committee and advised that Robin Baycroft 

from Silver Star Mountain was elected Chair and that he is Vice 

Chair. 

Councillor Lee reported that he enjoyed attending the annual 

spring concert for Okanagan lndian Band lmmersion School and 

that it was well attended and well done. Councillor Lee noted that 

he is very lmpressed with group's commitment to save their 

language. 

Councillor Lee reported that he and Councillor O'Keefe attended 

the annual Southern Interior Construction Association dinner in 

Armstrong recently. 

28

PAGE 21 

FIRST RESPONDER 


Councillor Lee related a'success story' regarding the Vernon First 

Responder program; noting that on April 15, at the Annual Spring 

Ball held a local church, a citizen had a heart attack. When no 

heartbeat was detected, CPR was commenced by two trained 

individuals in attendance. When 911 was called, there was some 

confusion in address given, and the ambulance went the wrong 

way. The Vernon firefighters were aware of the correct location of 

the church, despite address given and got there within 3 minutes. 

The patient's hear was started he survived. lt was noted that the 

ambulance got there 11 minutes later. 

ACTING MAYOR PATRICK NICOL 

SISTER CITY TRIP 

Acting Mayor Nicol advised that Mayor Lippert and former Mayor 

Hansen are currently away participating on Sister City trip to 

Tomei Japan. 

Congrats to Brian Parsons on his amazing return to full time work 

as a firefighter - very inspirational. 

GLOBAL EDUCATION 

INTERIOR LOGGING 

ASSOCIATION 

VERNON VIPERS 

SUPERINTENDENT STEVE 

MCVARNOCK 

BYLAW ENFORCEMENT 

REPORT 

Acting Mayor Nicol advised that Councillor Baumbrough is 

currently in Nicaragua with the Global Education class. 

Acting Mayor Nicol noted that the lnterior Logging Association 

recently held it's annual conference in Vernon and that the 

community appreciates the opportunity to host such a huge and 

important event. 

Acting Mayor Nicol offered his congratulations to the Vernon 

Vipers Hockey team for winning the Doyle Cup and noted that 

they are now on their way to compete for the National 

Championship. 

Acting Mayor Nicol offered his congratulations to new 

Superintendent Steve McVarnock for his promotion and new 

position. 

Clint Kanester, Manager, Bylaw Enforcement provided an 

overview of the 2008 Year End Report. 

INFORMATION ITEMS: 

Council received the following information items: 

A. Memo dated March 4, 2009, from Mr. Clint Kanester, 

Manager, Bylaw Enforcement, re: 2008 Year End 

Report. 

29

PAGE22 

REGULAR OPEN NíEETING OF COUNCIL MONDAY, APRIL 27,2009 

B. 

c. 

D. 

E. 

F. 

Memo dated April 16, 2009, from Mr. Leon Gous, CAO, 

re: Approved Staff Attendance Courses/Seminars 

Outside BC, AB and Washington State 

Memo dated April 15, 2009, from Fire Chief Jeff Carlisle, 

re: VFRS Business Plan - Public lnformation Session at 

Paddlewheel Park Hall 

Letter dated March 27, 2009, from the Honourable 

Mobina Jaffer, Senator for British Columbia, re: Black 

History Month 

Letter dated April 3, 2009, from Mr. Vic Toews, President 

of the Treasury Board, re: Wages for RCMP Members, 

Letter dated April 6, 2009, from Mr. Robert Hobson, 

President, Union of B.C. Municipalities, re: Election 

Readiness Strategy. 

G. 

Minutes from the following Committees of Council: 

(¡) Advisory Planning Board, Ma¡ 24,2009 

(¡¡) Heritage Advisory Committee, Mar 19, 2009 

(iii) Affordable Housing Committee, Mar 5, 2009 

(iv) Sister City Committee, Mar 24,2009 

H, 

Public Hearing Agenda forApril 27,2OOg 

CLOSE OF MEETING: 

Acting Mayor Nicol closed the Regular Open Meeting of the 

Council of the Corporation of the City of Vernon at 3:45 pm. 

GLOSE 

CERTIFIED GORRECT: 

Mayor 

Corporate Officer 

30


RECORD OF THE PUBLIC HEARING OF COUNCIL 

HELD MONDAY, APRIL 27,2009 COUNCIL CHAMBERS 

34OO .30 STREET, VERNON, B.C. 

PRESENT: Acting MaYor Nicol 

Councillors: S. Lee, B. Spiers, J. Gilroy, M. O'Keefe, 

(Mayor Lippert, B. Baumbrough, absent) 

Staff: 

M. Bailey, Deputy Chief Administrative Officer 


S. Blakely, Deputy Corporate Officer 

D. Rintoul, Planner 

D. Strachan, Assistant Planner 

B. Laven, Assistant Planner 

Acting Mayor Nicol called the Public Hearing to order at 5:30 pm. 

Acting Mayor Nicol outlined the procedures to be followed, and read the Public Hearing 

Statement. 

Corporate Officer, Patti Bridal, advised of the Notice of Public Hearing and that notice had 

been published in the Sunday, April 19th and Wednesday, April 22no,2009 issues of the 

Morning Star, as required by the Local Government Act- 

(a) 

#00150 

Applicant: 

MQN Architects (S' Saran) 

Legal Description: Lot A, Plan 35121, Sec. 3, Tp. 8, ODYD 

Civic Address: 3507 - 33'd Street 

purpose: 

To rezone the subject lands from C4 - 

Street Oriented 

Commercial, to P2 - Public lnstitutional, in order to construct a 

public educational facility for the School District 22 Alternative 

Learning Program, AND TO VARY the minimum building 

setbacks, parking and loading provisions for the proposed 

educationalfacility at 3507 - 

33'd Street' 

The City Clerk advised that prÍor to Public Hearing no written submissions had been 

received. 

Acting Mayor Nicol called a first time for representation from the public in attendance. 

31

PAGE 2 PUBLIC HEARING/INPUT - MONDAY, APRIL 27,2009 

Pete Kapak 

3600 32 Street 

. Concerns as to how this came to be with small lots 

. Required setbacks for redevelopment make it hard to use 

his small lot 

. C4 zoning - 

white house on 32nd between two commercial 

buildings is undevelopable - wants to avoid this situation 

with his house 

o Situation makes it impossible to develop without numerous 

variances 

o Will put strain on him to ever make a development on his 

own property 

. Trying to sell since last fall 

. Contacted duplex owner, and there was no interest in 

buying his property to alleviate need for variances 

. Concerned people go ahead and get variances when 

property is available to alleviate 

o Leaves remaining properties unable to develop 

. School Board disappoints, in that they are asking for nonconformance 

o Not totally against, but will mean he will be in front of 

Council requesting variances 

. Hoping a commercial proposal will buy him out, but 

piecemeal development with variances causes a chain 

reaction where more variances are going to be needed 

. lf his house ever burned down, it would be very hard to 

redevelop 

. Concerned regarding fencing between the hryo buildings 

. Fence is held up with a few bolts & needs replacement 

. Shares previous speaker's concerns 

o Leaves his property much harder to develop 

o Students who will attend do not fit into regular institution 

. School Board should be a model of compliance, not non 

conformance 

. Too much public institutional zoning in area 

o Reduced parking is a big concern 

o Rec Centre Parking is used 100o/o every day by people 

who work downtown. 

. Taxpayers are providing free parking for small group of 

people 

. Traffic concerns with high speeds - dangerous traffic 

situation 

'Big square peg into a small round hole' 

Variances are too many and too big 

. Performing Arts Centre is an Architectural gem in the area, 

and buildings around it should be up to that standard

PAGE 3 PUBLIC HEARING/INPUT - 

MONDAY, APRIL 27,2009 

NAME 

COMMENTS 

. Proposed school is not up to this standard, and very 

unattractive, like the Boys & Girls Club 

. Opposed to this application 

o School Board should be setting an example in the 

community 

. Should build a building that fits for kids that don't fit 

o Huge problem with run off and pollution from this property 

to his - needs a retaining wall if it goes ahead 

. This plan calls for no green space whatsoever 

. BelAir Motel does not have any green space and Schell 

Express Motel has little green space 

o Whole block lacking in green space 

. When the south side dentist office went in, the dentist and 

developer had to comply with letter of law with no 

variances 

o Turned out to be a nice office, with green space due to this 

. Now this application does not want to comply with anything 

. lnaPPropriate location 

o Duplex is run down and neglected and he is not happy with 

it currently, but could be better developed than this 

proposal 

Acting Mayor Nicol called a second, third and final time for representation from the public. 

There being none, Acting Mayor Nicol closed the Public Hearing/lnput for "3507 - 33rd Street 

Rezoning Amendment Bylaw Number 5185, 2009" and DVP #00150. 

(b) 

Applicant: 

Legal Description: 

Civic Address: 

Purpose: 

Henry Piovesan 

Plan 84763, Section 35, Township 9, O.D.Y.D. 

2000 Pottery Road 

to rezone the subject lands from A3 - Rural Small Holdings 

to R2 - Large Lot Residential in order to allow an addition 

to an existing single family dwelling. 

The City Clerk advised 

received. 

that prior to Public Hearing no written submissions had been 


33

PAGE 4 PUBLIC HEARING/¡NPUT - MONDAY, APRIL 27,2009 

There being none, Acting Mayor Nicol called a second, third and final time for representation 

from the public, There being none, Acting Mayor Nicol closed the Public Hearing for "2000 

Pottery Road Rezoning Amendment Bylaw Number 5186,2009". 

(c) 

Applicant: 

Purpose: 

City of Vernon 

To amend City of Vernon Zoning Bylaw 5000 to increase the 

number of slot machines permitted in the City of Vernon from 300 

to 400, and to limit the number of Gaming Tables permitted in the 

City of Vernon to 10. 

The City Clerk advised that prior to Public Hearing no written submissions had been 

received. 


There being none, Acting Mayor Nicol called a second, third and final time for representation 

from the pubtic. There being none, Acting Mayor Nicol closed the Public Hearing for "Zoning 

Text (400 Slot Machine Limit)Amendment Bylaw Number 5180, 2009". 

GLOSE: 

The Public Hearing closed at 5:56 pm. 

CERTIFIED CORRECT: 

Acting Mayor Nicol 


34

|Af 25/2009 0B:29 F'4){ 

@ ooTIo¡E- 

lÏiå'Ä;: 

TffiAru5PH-AruT' 

Âtr;ti¡rn,;y t¡l lirr' ll'r¡turrtci,ll l'l{-.¿tlllt Iiçrvu-cS Ârrtlrr-rrrty 

ö¿3ó-ol 

14.., "tt' 0'{ 

Corporatc Officer, City of Vernon 

3400 30rh Street 

Vernç¡, BC VlT 5E6 

Marclr 25, 2009 

RE: Request to Appeär âs a Delegation 

Dear Mayc¡r Wayne Lippert, 

BC Transpl¿rnt is requestinq¡ to appear as a delegation to Corincil on April 14trr, 2009 with 

reg.rrds lo the upcorning Troveling Organ Donor Registration Canrpaign, 

BC Transplant woulcl like to inFornl the Mayor and Council of the A;tril 74'r' ür[Jürt donor 

flwôrenÉ$s event and extencl ;¡n invifotiort for your attend

4 00iJ/00u 

BACKGROUNÞ IN FORMATION 

BC Trarrsplânt, estäblished in 1.986, is o comprehensive ltc'alth care oÍçJanizatlon responsible 

for all astrects of orqan donation and Èransplantation in British Columbia. Sitrce its inccption, 

over 4,SÓO British Columbians have reÇeived a life scrving organ transpla¡rt. Þespite this, 

thcrÈ is still a significant need, Ðs n'ìore ttlan 300 BC residents are actively waiting for an 

organ transplcrnt. Sadly, mñny of them will die before they get a secortd chance åt l¡fe. 

ïrere is somethirtg that we, (ìs a cornpasslonate society, ciln do-eduËôtÈ oursêlvcs about 

organ donation and registor our decision on BC's Organ Dottor Registry, 

The Registry, implemçnted in 1997, is the orrly one of its kirld irt Citnada and replacerl all 

previou methods of indicatilìg onê's intent, including the decal we olìce pläced orl our 

dr¡ver's license or CareCard. 'The Organ Donor Registry givos individuals four different 

choices, including the option not to be a dortor. It is important to register regardless of 

one's däcis¡on. tñUiv;¿uôls cÐn register online at W-rryW..Hr-n"çl¡lÈfì-L'Þ-c-.c-Ê or by completing a 

hord copy registration form. If an inclivldual cart not remember if they have already 

registered, they c,ln check online by visiting BC Transplant'S website. 

ln the Okanagan VÐlley, 362 peoplc arc alivè today thanks to a life saving organ tränsplBnt. 

Ancl, currently f+ resid'ents are waiting for a life saving orgÐn Èransplant. Rlthough 85o/o of 

British Columb¡arrs ägree to orgon donatíon, only 167o lrrrve t.lkri:n the time to register their 

dccision on BC's Organ Donor Rcgistry. 

BC Transplont's Irayeting Qrgan Donor RëEt'stra,t¡on Ëampaìgn wðs initi

lì\a,4 lr rc1 

4Jtr 

INTERNAL MEMORANDUM 

Leon Gous, P.Eng., CAO 

FILE: 8330-01 

PC: 

DATE: April 17 ,2009 

FROM: 

SUBJECT: 

Rob Dickinson, MES 

rRAA'SPO RTATI O N P LAN|/ M P LEME NT ATI O N U P D AT E 

OCP & TRANSPORTATION PLAN 

tan (OCP) 2008 the City of Vernon adopted a 25+ 

yeár Transportation Plan which focuses on Transportation Dem_and Management 

initiatives and is strongly supported by the newly adopted Growth Strategy and Land 

Use plan. As outlineO ¡ir ttre OCP the Growth Strategy and Land Use Plan strongly 

support Transportation Demand Management through redevelopment and 

intênsification of land uses to achieve transit supporting densities and to promote more 

walking and cycling in key locations in the city. These locations include the City Centre 

and Neighbourhood Centres. 

Transportation Demand Management (TDM) initiatives provide realistic alternative 

transportation options to the single occupancy vehicle and reduce greenhouse gas 

em¡så¡ons. TDM initiatives, such aé transit improvements, walking and cycling, now take 

a high priority in transportation planning. To further encourage the use of alternative 

form-s of traniportation a target of ZOYo of trips has been set for 2031 to be made by 

walking, cycling or using transit. 

The following outlines the City's commitment to the focus on TDM: 

Completed in 2008: 

. new Sidewalk: 

229m on Okanagan Avenue and 

340m on east side of 20th Street north of 48th Avenue. 

o Multi-Use Trails: 

500m Marshall Fields and 

230m Ellison PathwaY. 

o On-Road Bike Lanes various locations: 11.3 km 

37

Proposed in 2009: 

o New Sidewalks: $400,000 for 1200 metres 

in seven locations near schools 

o Multi-Use Trail: $200,000 for 3.9km 

Commonage Trail 

o On-Road Bike Lanes: $200,000 for 2.9 km 

of new bike lanes and retrofitting 6'5km of 

existing bike lanes with Reserved Lane 

signs and the diamond marking on the 

road. 

Grant Funding: 

o $200,000 - for new sidewalks - Local 

Motion Grant has been aPProved 

o $201,000 - for new Trail - Local 

Motion Grant has been aPProved 

. $95,140 - For new Bike Lanes - 

CIPP application made, decision 

pending 

¡ Transit: Purchase of additional bus 

And proposed for 20'10: 

$400,00 for new sidewalk 

$200,00 for new multi-use trail 

$200,00 for new bike lanes 

Purchase of new additional bus 

Further to the OCp commitment to transportation demand management is the following 

excerpt from the OGp which ouflines our commitment to improvements to infrastructure 

for automobiles. 

',g.13 a) Utilpe congestion as a management tool by refraining from implementing road 

modifications intended to increase capacity and/or efficiency of automobiles until the 

peak hour Level of Service reduces to the 'D/E' interface or is at the threshold of 

failure." 

Continual maintenance of our traffic count data base supports the City's obligation to 

this commitment. The following outlines the Gity's commitment: 

Road Construction / lntersection lmprovements Completed in 2008: 

. 25h Avenue (41 to 43 Street) 

. 30th Avenue (Rtexis Park to 41st Street) 

o Middleton Way 

. 48th Avenue (24th Street to PV Rd) 

o Tronson Road Phase I 

. 32nd Avenue (27th Street to PV Rd) 

. 39th Avenue (27th Street to PV Rd) 

38

Road Construction / lntersection lmprovements Constructing in 2009: 

And proposed for 2010 

. 30th Avenue (27 Street to Pleasant Valley) 

. Pleasant Valley (30th to 32nd Avenue) 

o Alexis Park Drive (32nd Ave to 39th Ave) 

o Tronson Road Phase ll 

. 29l30th Street Property Acquisition at 39 Avenue 

. Okanagan Avenue (36 to 38 Street) 

Rob Dickinson, P.Eng. 

Manager Engineering Services 

G:planEng\2009\[,lOA\8330 Transportation - Planning\01 General\090416 rsd mem plan implementation update.doc 

39

From: 

Sent: 

To: 

Subject: 

Attachments: 

Vernon lmmigrant Services [vdiss@shaw.ca] 

April23, 2009 4:39 PM 

Maria Doyle 

Diversity Health Fair 

Two page Scan of Brochure.Pdf 

Hello Maria. 

Thank you for the confirmation of Mayor Wayne Lippert's attendance at this year's Diversity Health Fair. lt is most 

appreciated! 

am the morning of Friday, May 22.|f possible, 

opening ceremony could be approximately 3045 

e this has not caused an inconvenience. The 

The City of Vernon's logo was placed on advertising, brochures and posters last year. ls this a possibility this year lf so, 

please attach electronicallY. 

foould the Mayor be able ío welcome this year's health fair participants and attendees in the fair brochure as he did last 

year I have attached last year's brochure with this email' 

Thank you once again. 

Regards, 

Tanis Farina 

Settlement Counsellor 

Vernon & Dishict lmmigrant Services Society 

Tel: (250) 5424177 

Emai I : 1g¡g¡11¡, v#.!s"$. çgñì 

ioti,ci¡,,r:t,tr,- tl ti:li, itrjîìoìì1ìit$ìr:¡l l:i. ¿;¡¡*Ì¡;t:iî+# :

May 2008 

lVelcome to Vemon! 

THE CORfOIùlltON Ol"t'llD ctTl OFVERNON 

On behalf of City Council and the residents of 

Vemon, a vely warm welconre is extended to all 

out of town visitors and delegares attending the 

Multicultural Health Fair this May. 

We are delighted that the Vernon & Distriot 

lmrnigrant Services Society organizers have 

chosen Vernon as the host Cþ for the event this 

year and we acknowledge the hard work and 

effo¡'ts of marry people involved in the event. I'm 

sure you will find the fair to be enlightening and 

entertaining. 

I sincerely hope you enjoy your tirne at thc 

Multicultural Health fair. 

Sincerely, 

Exh 

Hall 

tqtril t4E 

l16 ll--r7l Ef 

Exhi 

1) RECEPTION 

2') CANADIAN NATIONAL INSTITUTE FOR THE BLIND 

3) 2P's HEALTH KITCHEN 

4I VERNON & DISTRICT IMMIGRANT SERVICES 

5i AMSSA 

6) AMSSA 

7) AMSSA 

8) HENNASÍATION 

9) LONDON DRUGS 

10) VIOLENCÉAGAINST WOMEN IN RELATIONSHIPS 

11) CANADIAN CANCER FOUNDATION 

12) CANADIAN CANCER FOUNDAIIoN 

13) KIDNËY FOUNDATION OF CANADA 

14) CANADIAN MENTAL HEALTH ÀSSOCIATION 

15) NATURE'S FARE 

16) WORKSAFE BC 

17) CANADIAN DIABETES ASSOCIATION 

13) INTERIOR HEALTH-DENTAL PROGRAM 

1.9) DENTAL ACCESS PROGRAM 

20) INTERIOR HEALTH COMMUNfTY CARE SERVICES 

21) INTÊRIOR HEALTH PREVENTION SERVICES 

22) PRIMÀRY HEALTH CARE CENTRE 

23) MOUNTAIN ACUPUNCTURE AND I.ASER THERAPY 

24) NATUROPATH Dr. Lynne Fulton, N.D' 

rl 

sil 

ø-*^ 4-4i=:;- 

Wayne Lippert 

Mayor 

CHIP ROOM 

CORONARY HEALTH 

IMPROVEMENT PROJECT 

Tl I 

ßl 

llz I 

f1 I 

f1 I 

øE 

25) LIFESCAN 

26) VERNON HEALTH IMPROVEMENT NETWORK 

27) FOOD ACTION COMMITTEE 

28) GOOD FOODBOX 

29) SERVICECANADA 

30) FAMILY RESOURCE CENTRE 

31) FAMILY RESOURCE CENTRE 

32) OKANAGAN FIRST NATIONS CRAFTS 

33) BC LUNG ASSoCIATION 

34) TEN THOUSAND VILI.AGES 

3s) SAVEON FOODS 

36) RCMP VICTIMS ASSISTANCE 

37) OKANAGAN VALLEY COLLEGE OF MASSAGE THERAPY 

LTD.

AGENDA 

I lianril< 1r.*tt 

i ti. ;,'{ttJ{ ftun#*'t's 

1O:OO AM 

Dave Nahal, 

Graham Lloyd, 

Opening Ceremony 

Master of Ceremonies, North Okanagan 

S¡kh Cultural Society of Vernon, BC 

Board of Directors, Vernon and District 

I mmigrant Services Society 

flrr: ll(cr¡ lr$>r'¡

April 28, 2OOq q 

Your Worship Wayne Lippert 

3400 - 30th Street 

Vernon, British Columbia 

V1T 5E6 

-;fr-:ìri:'.'l 

'i',Li¡): 

, _,_Ltltl¿.),, 

l\ \!2.L, 

lii:'ii g .¡ri9 

The Ccrporilion of 

tle City of 

VERIION 

ó Pa t -o_' 

le 

playing it right 

Dear Mayor Lippert: 

BCLC cordially invites you to attend the British Columbia Partnership for 

Responsible Gambling (BCPRG) lorum, being held this year on June 4 at the 

Grand Villa Resort in Burnaby. 

BCLC 

10760 Shellbridge Way 

Richmond, BC V6X3H1 

T 604.270.0649 

F 604.276.6424 

www.bclc com 

BCLC believes in working cooperatively with communities in the promotion ol 

responsible gambling, For this reasonr I hope you attend the BCPRG forum, 

with members of your Council and senior municipal staff. BCLC will cover the 

transporÌation and accommodation costs (receipts required) lor the 

attendance of two of your municipal representatives. Please see the attached 

agenda for more details on the event. 

We would also like the Cíty of Vernon to consider becoming a member of the 

BCPRG. Currently, the membership includes'10 municipalities. There are no 

dues or funding requirements and it is an excellent opportunity for your 

community to join the discussion on responsible gambling. 

As you know, BCLC has engaged with communities during a series of 

meetings to discuss the benefits and impacts of gambling in host 

municipalities. A summary of the Community Engagement session held in 

your community is available on bclc.com under lhe Benef¡tting BC tab. 

lf you plan to attend the BCPRG lorum, please HSVP to 

publicaffairs@bclc.com or conlact, Angela Law (604) 247-3123 by May 15, 

2009. 

We look forward to seeing you in Burnaby in June. 

MichaelGraydon 

President & CEO 

Enclosure

la 

BC Partnership for Responsible Gambling Forum 

June 4' 2009 

Grand Villa Resort 

4331 Dominion Street 

Burnaby, BC 

Agenda 

8:30 a.m. Registration and continental breakfast 

9:00 a.m. Welcome remarks and updates from BCLC and GPE 

1 1:00 a.m. A New Approach to Responsible Gambling 

Paul Smith, Director 

Corporate Social Responsibility, BCLC 

12:00 p.m. Lunch buffet 

1:00 p.m. Parents as Partners 

Eric MeercamPer & Joanna Cutaiar 

DECODE 

2:00 p.m. Proactive Responsible Gambling 

Dr. Richard Wood 

GamRes Limited 

Responsible Gambling Research & Consultant 

3:00 p.m. Making a Ditference - Community lnitiatives 

Kevin Gass 

VP CorPorate Affairs, BCLC 

3:30 p.m. Questions and Answer period 

3:45 p.m. Forum ends 

Hotel lnformation: Delta Bumaby 

Tel: 604-453-0750 

Toll-Free: 1 -800-268-1 1 33 

44


TO: Mayor Wayne Lippert and Councillors FILE: 0540-25 

054040 

PG: Kevin Bertles, Finance Manager 

DATE: April 24, 2009 

FROM: FINANCECOMMITTEE 

Sherri Biluk, Committee Clerk 

SUBJECT: O'KEEFE RANCH MANAGER POSITION . WAGE ALLOCATION FOR 2OO9 

The Finance Committee, at its April 16, 2OOg meeting, reviewed the above-noted item and 

adopted the following resolution: 

"THAT the Finance Committee reguesfs Councit review the wage allocation_for the 

O,Keefe Ranch Manager position for 2009, in order to determine if the full year 

allocation is required, lf noi it shoutd be returned to the City of Vemon." 

CARRIED. 

45


1q 

1á 

r¡í 

7.Sr 

REPORT/RECOMMEN DATION TO COU NCIL 

suBMITTED BY: Amanda watson, Transportation Technician DATE: April 30, 2009 

FILE: 6440-03 

SUBJECT: 

Free Public Transit for Commuter Challenge 

and Clean Air DaY: June 3, 2009 

PURPOSE: 

To request a resolution in support of providing free public transit in Greater Vernon on June 

3, 200'9 in conjunction with the 2009 Commuter Challenge and Clean Air Day' 

RECOMMENDATION: 

That Council endorse free public transit as part of the 2009 Commuter Challenge and 

Clean Air Day on June 3, 2009. 

ALTERNATIVES & IMPLICATIONS: 

ANALYSIS: 

1. Council may elect to not support free public transit on June 3, 2009. However, it is an 

inexpensiv" *"y to raise awareness about the Vernon Regional Transit System, while 

supporting the goals and objectives of the recently adopted Official Community Plan 

and TransPortation Plan. 

A. Rationale: 

Gommuter Challenge and Clean Air Day: June 3' 2009 

The City of Vernon is partnering with the Regional District of North Okanagan, the 

District of Coldstream, the Gieater Vernon Cycling Advisory Committee, local 

businesses and media outlets to promote both the 2009 Commuter Challenge and 

Environment Week to be held between May 30 and June 6, 2009. As part of both 

these initiatives, free public transit for day had been identified as a possible incentive 

to encourage residents to try public transit as an alternative to driving. 

Wednesday, June 3, 2OOg was selected as the day for free transit so as to coincide 

with the Clean Air Day events as part of Environment Week activities. This day is also 

the mid-point of the iommuter Challenge. Residents would be offered an opportunity 

to try the transit system free of charge on this 9"yln 

an effort to promote alternative 

tranéportation and reduce greenhouée gases. BC Transit supports this initiative and 

46

-2- 

this was previously reported to Council in the report of proposed events at its Regular 

Meeting of March 23,2009. 

Details of these events and links to the official websites can be found on the 

Transportation page of the City of Vernon website. Advertisements all the events will 

also appear in the local newspaper and on local radio stations' 

Regional Partners 

To avoid potential confusion surrounding cross boundary bus travel, the neighbouring 

jurisdictions were consulted regarding participating in this ploPgsal. Staff from both the 

Regional District of North Okãnagan and the District of Coldstream were consulted 

and discussions held regarding the transit fare income that would normally go to the 

respective authority. 

The Regional District of North Okanagan Board passed a resolution in support of the 

initiative during their meeting on May 6, 2009. A Council resolution was not required 

for the Districiof Coldstream and staff have confirmed their agreement to free transit 

for that day for customers in Goldstream. 

Routes Eligible for Free Transit 

With the support of the RDNO and the District of Coldstream, all of the transit routes 

operated Uy Vernon Regional Transit System will not charge fares on June 3, 2009' 

T'his includes the servicLs to Enderby/Armstrong, Lumby and the North Okanagan 

Connector to UBCO. lt should be noted that the handyDART service will not be 

included, as it is a specialised pre-booked personaltravel service. 

Monitoring 

BC Transit has agreed to count all passengers on that day and to prepare a report 

detailing the level of ridership on the Free Transit Day. 

B. Attachments: 

1. The resolution from the May 6, 2OOg Board Meeting of the Regional District of North 

Okanagan. 

c. 

Supports the following Guiding Principles that form the basis for Official Community 

Plan 2008: 

47

3- 

D. 

Relevant Historv: 

1. OCP 2008 

The Transportation section of OCP 2008 recommends in Policy 9.8 that the City 

"support ànd participate in mafueting and promotional altematives that enhance 

community awareness of susfalnable transportation in Vemon." 

2. March 23,2009 Commuter Challenge Report 

At its Regular Open Meeting held Monday March 23, 2009, Council adopted the 

following resolution: 

"THAT Councit authorizes the proposed apprcach to the 2009 National Commuter 

Chattenge and assocíated events occuning from May 31st to June 6th, 2009, as 

outtined in the rcpoñ dated March 11, 2009." 

It was stated in this report that a further recommendation would be presented to 

Council regarding the proposed Free Transit Day to contain the results of 

consultation with neighbouring jurisdictions. 

E. 

Applicants ResPonse: 

N/A 

F. 

Gommittee/Board Recommendations : 

N/A 

G. Reasons for Bvlaw: 

N/A 

H. Resources: 

N/A 

BUDGET IMPLIGATIONS: 

It is estimated that $500 of revenue would not be collected on the day of free transit. lt is 

anticipated that this cost could be recovered through increased transit ridership after the 

event. lf one person subsequently used transit for daily commuting and purchased a 

monthly pass for a year, $600 in revenue would be received. 

submission to Council: 

48

-4- 

Date: 

APPROVALS DATE COUNCIL AGENDA INFORMATION: 

Supervisor 

Division Manager ¿g( 

A Regular 

! ln-Camera/COW 

¡ lnformation ltem 

tr AgendaAddenda 

Date: Mav 11. 2009 

Date: 

Date: 

Date: 

REVIEWED WITH 

! aytaw & Licences 

! Clerk 

! Economic Dev. 

I ncup 

! euitoing & Bylaws 

! Human Relations 

REVIEWED WITH 

! Environment 

E Facilities 

X Finance 

n r¡re 

! cvs - Parks 

! ut¡l¡t¡es 

comments will )e 

REVIEWED WITH 

E Pu¡l¡c works 

X Planning 

! Engineering 

X Transit 

n evs - water 

! ottrer- 

REVIEWED WITH 

Committees 

tr 

¡ 

!! 

if required as an addenoum Io Ìne repon 

G:\planEng\2009\lìIoA\6¿t4o Community planning - General - EVENTS\o3 Commuter Challenge\090430 AW Report to council Free Transit.doo< 

49

THE CORPORATION OF THE CIIY AE]IEBNSN 

REPORT/RECOMMENDATION TO COUNCIL 

[irïåüü[u"At 

SUBMITTED BY: 

Ed Stranks, 

Manager, Engineering Development Services 


FILE: 0340-50 

SUBJECT: 

AMENDMENT OF PDE POLICY: SUBDIVISIONS - BUILDING PERMITS 

IN NEW SUBDIVISIONS 

PURPOSE: 

To update PDE policy: Subdivisions - 

Building Permits in New Subdivisions. 

REGOMMENDATION: 

THAT Council rescind the June 1999 policy: Subdivisions - Building Permits 

Subdivisions and adopt the attached new policy: Subdivisions - 

Building Permits 

Subdivisions and authorize staff to replace the original policy with this in its entirety. 

in New 

in New 


1. That Council not authorize adoption of the amended policy: Subdivisions - Building 

permits in New Subdivisions. This would result in continued increased levels of work for 

staff to address resident concerns regarding incomplete subdivision work, erosion control 

and street cleaning and private onsite maintenance issues. 

ANALYSIS: 

A. Rationale: 

1. The revised policy addresses recent issues regarding lack of awareness of required 

maintenance of onsite steep slopes, rock faces and retaining walls. By requiring a 

geotechnical and or structural report for all building permits on lots that have steep 

élopes, rock faces and or retaining walls the policy will ensure that any critical onsite 

concerns and maintenance requirements are made available to the future owner of 

the property. 

Z. Re-grading of lots related to a building permit application in a new subdivision has 

creãted increased work for staff to address resulting erosion and bank stability 

concerns. By requiring the provision of predevelopment grading plans it can be 

confirmed that the lot has not been altered from the grading provided at the time of 

subdivision. The requirement for final proposed grading plans related to the house 

construction onsite will ensure that the original subdivision grading and overland 

storm routing Plan is adhered to. 

50

-2- 

3. Recent subdivisions that have adhered to the original policy have resulted in 

significant and ongoing works by staff to ensure all subdivision works have been 

completed as per the approved design plans. ln at least one case significant delays 

in addressing deficiencies in subdivision works have resulted in home owners not 

having operational street lights, signage or top lift of asphalt. Proposed changes to 

the policy will limit the ability to initiate building permits in new subdivisions until all 

City, CVS water and BC Hydro works have been installed and all other Telus, Shaw 

Ca-blevision and Terasen Gas works have been scheduled to be completed within 30 

days. 

4. The very nature of subdivision creation and new home construction results in 

significant potential for erosion including dust and dirt on City streets. Proposed 

policy changes require the implementation of erosion control and maintenance 

measures by applicants rather than this being the responsibility of City staff upon 

acceptance of subdivision works. 

5. lncreased geotechnical and survey requirements will increase frontend building 

permit costs for applicants. 

B. 

c. 

Attachments: 

1. Attachment 1 - June 1999 policy: Subdivisions - 

Subdivisions 

2. Attachment 2- New policy: Subdivisions - 

Official Communitv Plan 2008 Guidinq Principles: 

Building Permits in New 

Building Permits in New Subdivisions 

The amended policy involves the following guiding principles in Official Community Plan 

2008: 

D. 

Pol icv (Existinq/Relevance/None) : 

N/A 

E. 


N/A 

F. 

Committee/Board Recommendations : 

N/A 

G. 

Reasons for Bvlaw: 

N/A 

51

-3- 

H. Resources: 

Approximately 2 hours of staff time will be required to amend the policy and revise the 

policy on the CitY website. 


Policy changes will reduce staff time required to enforce developer obligations and address 

residents còncerns regarding completion of subdivision works and onsite issues thus 

lowering City costs related to new development. 

Approved for submission to Council: 

Ed Stranks 

Date: 6 ^4 

*'-, c'l 

I 


Supervisor 

Division Manager 

n Regular 

ln-Camera/CoW 

! lnformation ltem 

¡ AgendaAddenda 

Date: 

Date: 

Date: 

Date: 

Item # 

Item # 

Item # 

Item # 

REVIEWED WITH 

Bylaw & Licences 

Clerk 

Economic Dev. 

RCMP 

Building & Bylaws 

Human Relations 

REVIEWED WITH 

f] Environment 

I Facilities 

I Finance 

E rire 

n util¡t¡es 

¡ GVS - Parks 

REVIEWED WITH 

Public Works ! 

Planning tr 

Engineering ! 

Transit ¡ 

GVS - Water 

Other 

REVIEWED WITH 

Committees 

UDI 

NOTE: City Administrator's comments will be provided if required as an addendum to the report 

g:þlaneng\2009\moa\0340 circular, directive, order, manuals\50 polic¡es and procedures\bps in new subs\o9050'l e¡s sub bp policy report to council.docx 

52


3400 - 30th Street, Vernon, B'C' VlT 5E6 

Telephone: (250) 545-1361 FAX: (250) 5454048 

website: www.vernon'ca 

Gorporate PolicY Manual 

Section: 

Sub-Section: 

Title: 

SuOO¡v¡s¡ons - 

Subdivisions 


RELATED POLICIES 

Number 

Title 

APPROVALS 

POLICY APPROVAL: AMENDMENT APPROVAL: SECTION AMENDED 

Approved by: 

"Wayne McGrath" 

Amendment 

Approved by: 

Mayor 

Date: 

Date: 

June 7, 1999 

Attachment 1 

http:/cltyneudocs/Policies/PDE and Land Polic¡elsuMivisions - Building Permits in New subdivisims doc 

53

Corporate Policy Manual 

Subdivisions - Buildinq Permits in New Subdivisions 

POLICY 

This policy enables property owners to commence construction of a home in a 

new subdivision where the subdivision works are near completions, and provided 

the works are at a certain stage, the subdivision plan is registered and the City 

has received security for the subdivision works along with the authority to use the 

security to complete the works if the developer defaults on the Subdivision 

Development Agreement. 

DEFINITIONS 

PROCEDURES 

lf a property owner wishes to have Building Permits issued in their subdivision 

priorto completion of the subdivision construction works and after the subdivision 

plan has been registered, then the following conditions must be met prior to 

Building Permit issuance: 

1. The subdivision construction work must be installed, inspected, tested, 

approved and in operational order for all mains, services and appurtenances 

related to sanitary sewers, storm sewers and water, as well as civil works for 

hydro, telephone, cable TV, street lighting and natural gas (if available). 

2. All public or common area strata roads which provide access and frontage to 

the subject building lot shall be constructed to at least pit-run grade as 

defined in the City's Subdivision and Development Servicing Bylaw as 

amended or any other bylaw replacing same. 

3. The Development Agreement associated with the subject subdivision will 

contain provisions requiring the subdivision developer/owner to be 

responsible for maintenance and emergency vehicle access on all public or 

common area roads prior to completion and acceptance of the works and 

commencement of any applicable maintenance period. 

4. An as-built drawing or service record card related to all services to the subject 

lot being considered for Building Permit approval shall be provided with said 

application. The applicant may be required to provide building foundation and 

servicing elevation plans prepared by a professional Engineer or B.C. Land 

Surveyor in order to demonstrate that the proposed building will be 

compatible with the subdivision works. 

htþ://cityneudocs/Policies/PDE and Lând Policiss/Subdivis¡ons - Bu¡lding Pemits in New Subdivis¡ons dæ 

54


34OO - 30th Street, Vernon, B.C' V1T 5E6 

Telephone: (250) 545-1361 FAX: (250) 545-5309 

website: www.vernon.ca 

Corporate PolicY Manual 

Section: 

Sub-Section: 

Title: 

Subd¡v¡s¡ons - 

Subdivisions 



Number 

Title 

APPROVALS 

POLICY APPROVAL: AiII ENDIUIENT APPROVAL: SECTION AMENDED 

Approved by: 

Amendment 

Approved by: 

Mayor 

Date: 

Date: 

Attachm ent 2 

GlplanEng\2009\MOA\0340 Cirotâr, Directivê, Ordsr, Manuals\so Pol¡cies and Procedures\BPs in new Subs\ogoso1 ejs Policy Subd¡v¡sions - Build¡ng Pemits in 

E E 

New Subdivisions.docx ) )


éubdivisions - Building Permits in New Subdivisions Page 2 

POL¡CY 

This policy enables property owners to commence construction of a home in a 

new subdivision where ine êu¡O¡uision works are near completion provided the 

works are at a certain stage; the subdivision plan is registered;a Development 

Agreement is in place and the City has adequate security for all outsta.nding 

r,Ibd¡u¡t¡on works. This policy also protects the final home owners and 

purchasers of land for the intention of building residential development by 

änsuring the necessary services have been provided and scheduled for 

compleiíon. This policy also ensures that site grading requirements for house 

construction conform to subdivision design. 

DEFINITIONS 

PROCEDURES 

lf a property owner wishes to have Building Permits (beyond the initial parent 

f"r"ä Ë"rrit) issued in a subdivision prior to finalacceptance of the s.ubdivision 

bonstruction works and after the subdivision plan has been registered, then the 

following conditions must be met prior to Building Permit issuance: 

1) The subdivision construction work must be installed, inspected, tested, 

approved by the project engineer and in operational order for all mains, 

services anâ appurtenances related to sanitary sewers, storm sewers and 

water, as well ås civil works for hydro, telephone, cable TV, internet, street 

lighting and natural gas. The City Engineer must be in receipt of 

documents from the project engí 'eer 

verifying substantial completion of 

the subdivision works and that all obligatory inspections and tests have 

been completed and conform to City requirements' 

2) Verification of acceptance of the shallow utilities works by the appropriate 

utility firm must be provided to the city Engineer. All BC Hydro 

transformers and wiring must be installed. All communications conduit for 

Telus and Shaw Cableiision must be installed and accepted by Telus and 

Shaw. lnstallation of all communication wiring and natural gas lines are 

not required as a condition of building permit issuance. A current schedule 

for installation of communication wiring and natural gas lines through the 

subdivision, which verifies completion of works within 60 days, must be 

provided to the CitY Engineer. 

GlplanEngUOOg\MOA\o34o C¡rdtâr, Diractivs, Order, Manuats\50 Polic¡es and Proædures\BPs in new Subs\OgO43O êjs Policy SuM¡v¡sions - Building Permits in 

New Subdiv¡sions.dæx 56


Subdivisions - Building Permits in New Subdivisions Page 3 

3) All public roads which provide access and frontage to the subject building 

' lot shall be constructed to final gradt . All curbing must be in place' 

Completion of sidewalk installation is not required for Building Permit 

issuance however a schedule must be provided that verifies completion of 

that work within 60 days. Common area strata roads must be to pit run 

grade and kept passable for emergency vehicles at alltimes. 

4) All City streetlights and associated wiring must be installed and accepted 

' by thaCity. Thé streetlights are not required to be energized as a 

condition of Building Permit issuance. 

5) The site grading for the subdivision must be completed as per approved 

design ptãns. Erosion control measures through the subdivision and on 

loi applying for a Building Permit must be in place and maintained 

"a.ñ untilthe construótion on the site has been completed. Any material 

tracked onto City streets must be cleaned within 24 hours, including the 

catch basins Oyine Building Permit applicant until such time as the work 

onsite has beeh completed. nny issues not addressed to the City's 

satisfaction may result in the city drawing on securities provided as a 

condition of building permit issuance to rectify' 

6) Where any retaining walls, steep slopes or rock fgces are created or exist 

a structurál and or geotechnical report is required that confirms the 

stabil1y of the wall,llope or face and provides an anticipated maintenance 

schedule for that feature. 

7) As-built drawings, in draft format, that indicate the works specific to.the 

lots on which A-uilOing Permits have been applied for must be submitted. 

These drawings must include site grading and service locations. Service 

record cards ñust also be submitted for the subject lot being considered 

for Building Permit aPPlication. 

8) The applicant is required to prov on and site grading 

' elevai¡on plans prepared by a pr 

or B'C' Land 

Surveyor. Thesè plans muðt verify 

to the proposed 

building construciion on the site as well as the final proposed grading for 

the sitã upon completion of building construction. These plans must 

provide eievations at the property corners, site setback corners, any 

ðhanges in grade and for all entrances to the proposed building as a 

minimum. The overland flow route for site drainage must also be 

indicated on the Plans. 

G:\planEng\2009\MOA\0340 C¡r@tar, Difêctive, order, Manuals\50 Policies and Procodures\BPs in new subs\ogo43o eis Policy subdivisions - Build¡ng Permits in 

New Subdiv¡sions,du 57

REPORT/RECOMMEN DATION TO COUNCIL 

0ffilfrËfuÅr 

SUBMITTED BY: Ed Stranks, 



FILE: 3320-30 

SUBJEGT: 

AMENDMENT OF SUBDIVISION DEVELOPMENT SERVICING BYLAW 

#3843 . SCHEDULE J, R, Q, P AND SECTIONS 4 & 8 

PURPOSE: 

To update Schedule J - Standard Development Agreement Document of the Subdivision and 

Development Servicing Bylaw # 3843' 


THAT Council approve of the attached amended Schedule J of the Subdivision and 

Development Servicing Bylaw # 3843 and authorize staff to prepare an amendment bylaw to 

replace the original Schedule J in the Bylaw; 

And further that council authorize deletion of schedule R - Development Agreement for 

Development other than Subdivision; Schedule P - warranty Agreement for Subdivision and; 

Schedule e - Wananty Agreement for Development other than Subdivision. 

And further that Council approve the attached amended Section 4 - 

Provision of Services in 

Subdivisions and Developments and Section 8 - Administration and Enforcement to be 

consistent with the changes to Schedule J' 

1. That council not authorize adoption of the amended schedules J, R, P, Q and sections 4 

and g as noted of the Subdivision and Development Servicing Bylaw # 3843. This would 

result ¡n increaied risk to the City from insufficient securities and claims for return of funds 

related to bankruptcy protection by developers' 

2. That Council autho rize a revision to Schedule J that enables cash securities up to a 

maximum amount of $1S,000. This would reduce the complexity for small development to 

prou¡d" securities as well as reduce the costs to those smaller developers but would 

in.r""r" the City's risk of default by small development. 

58

ANALYSIS: 

-2- 

A. Rationale: 

1. 

2. 

3. 

4. 

5. 

The revised Schedule J recognizes changes to the Local Government Act and 

Community Charter since the original Schedule was created. 

The new Schedule recognizes the increased cost and associated risk of default by 

development. The changL to the level of securities required, from 125% to 150% of 

the estìmated cost for uñderground pipe works, provides increased protection to the 

City for those works which can have significant cost overruns which in turn may 

jeopardize the ability to complete those works. The change in amount of minimum 

leiurities required from $1,000 to $5,000 and holdback amount from $50,000 per 

million to $75,000 per million adjusts these securities to be more inline with current 

costs of construction. The increase in lnspection and Processing fees from 3% on 

the initial $500,000, 2o/o on the second $500,000 and 1o/o lor over $1,000,000 to 3% 

on the initial $750,000, 2o/o on the second $750,000 and 1o/o oî for over $1,500,000, 

adjusts fees collected to be more inline with increasing costs relative to works done. 

lncreased security requirements will increase front end developer costs. 

Changes to Schedule J require all paper and electronic asbuilts and service cards to 

be seãled by the project engineer. The increase in asbuilt securities from $1500 to 

$2500 per éheet'anã addition of $500 securities per card for service cards will 

provide'an improved means of obtaining accurate information and covering costs of 

revisions if required. 

UDI expressed concern regarding the proposed changes including the increased 

front end and fee costs impacting development viability. These concerns were 

addressed by Engineering with some changes made to provide greater clarity. 

Schedule J was initially intended to deal with subdivisions only while Schedule R 

was specific to non-su-bdivision development. The revisions to Schedule J enable 

the use of this document as a template for subdivisions and non-subdivision 

development. With one standard document all agreements will be treated equally' 

Schedules P, Q warranty agreements have been used in the past but are rarely 

used now as few if any developments complete all offsite works without any 

deficiencies. In the odd case where all works have been completed and accepted 

the revised Schedule J can still be used as a warranty agreement. 

6. Staff have been advised by legal council that cash securities have a greater risk of 

being returned to the applicant as part of a bankruptcy default. The revised schedule 

only-permits the use of letter of credit securities which have a reduced potential for 

ne¡;g returned by court action. There are however increased complications and 

costð to developers to obtain letters of credit especially for small projects where this 

may be a higher percentage of overall project expenses' 

59

B. 

Attachments: 

.3- 

1. Attachment 1 - Amended Schedule J 

2. Attachme nt 2 -Section 4 - 

3. Attachment 3 - Section 8 - Administration and Enforcement 

Provision of Services in Subdivisions and Developments 

c. 

Official Communitv Plan 2008 Guidinq Principles: 

The amended Schedule J involves the following guiding principles in Official Community 

Plan 2008: 

D. 

Pol icv (Existins/Relevance/None) : 

N/A 

E. 

Relevant History: 

N/A 

F. 

N/A 


N/A 

H. Resources: 

Approximately 4 hours of staff time will be required to amend the noted sections of the 

Byiaw and revise the bylaw on the Cit¡ website' 


Textual changes reduce the potential for securities being reclaimed in cases where the 

developer has declared bankruptcy protection' 

npproveO for submission to Council: 

Stranks 

60

Supervisor 

Division Manager 

f] Regular 

ln-Camera/GOW 

n lnformation ltem 

! Agenda Addenda 

Date: 

Date: 

Date: 

Date: 

Item # 

Item # 

Item # 

Item # 

REVIEWED WITH 

REVIEWED WITH 

! Aytaw & Licences 

n Clerk 

fl Economic Dev. 

n ncup 

! 

gu¡tO¡ng & Bylaws 

Environment 

Facilities 

Finance 

Fire 

GVS - Parks 

Utilities 

Puotic works 

X Planning 

I Engineering 

fl Transit 

n GVS - water 


g:\planengv00gvnoa\3320 subdivisions and subdivision control\30 subdivision bylaw review\sch j dev agr\090430 ejs report to council'docx 

61

SCHEDULE J 

STANDARD DEVELOPMENT AGREEMENT DOCUMENT 

This is Schedule J of the Ci$ of 

Vernon Subdivision and Development 

Servicing Bylaw No. 3843, 1992 

Gorporate Officer 

Attachment I 62

THIS AGREEMENT made this daY of 

SCHEDULE J - BYLAW NO. 3843 

BETWEEN: 

government, duly incorporated under the laws of 

the Province of British Columbia, having an 

office at 3400 - 30th Street, in the City of 

Vernon, Province of British Columbia, V1T 5E6 

(hereinafter called the "CitY") 

a local 

AND: 

(hereinafter called the "Owne/') 

WHEREAS: 

A. The Owner is the registered owner or holder of a Registered Right to Purchase lands 

and premises situaté, [ing and being in the City of Vemon, Province of British 

Columbia, and more particularly known and described as: 

(hereinafter called the "Land"); 

B. 

c. 

D. 

The Owner wishes to subdivide or develop the Land, or any part thereof, in the manner 

shown on a Plan of Subdivision or Building Permit Application which has been 

submitted by the Owner to the Approving Officer or the Chief Building lnspector, or his 

designate, óf th" City, as applicable, for approval, a copy of which plan is attached 

here-to as Schedule ''rgn"ri, and is he:einafter called the "Subdivision Plan" or 

"Development Plan", as applicable; 

The Owner is desirous of entering into this Agreement with the City pursuant to the 

provisions of Section g40 of the Lo-cal Govemment Act, in order to obtain approval from 

in" npproving Officer of the Subdivision Plan or a valid Building Permit prior to 

compËiion of1n" construction and installation on and/or off the Land of all works and 

s"rui.er required by the City to be constructed and installed on the Land and/or on onehalf 

of any highwayimmediately adjacent to the Land by the Owner. 

The Owner is also desirous of voluntarily providing works and services beyond the Land 

and the highway immediately adjacent to the Land in order to obtain approval of the 

subdivision or tne developmént, ás applicable, as the City deems it to be too costly at 

this time to provide those works at the expense of its ratepayers' 

63

NOW THIS AGREEMENT WITNESSETH that in consideration of the premises and of the 

mutual covenants and agreements herein contained, the parties hereto covenant and agree as 

follows: 

1. 

In this Agreement, unless the context otherwise requires: 

,M/ork,'shall mean allworks, services, roads and any other improvements required to be 

constructed and erected or installed, both on and off the Land, by the Owner under the 

provisions of this Agreement. 

"Complete" or "Completion" or any variation 

the Work, shall mean completion of the Wor 

in accordance with the provisions of this Ag 

Engineer when so certified by them in writing. 

'Warranty period" is the period of time after the Works have been accepted that the 

Owner ij responsible to repair the Works in the event of any defect in workmanship or 

materials. This does not include damage by lthers or nonnalwear and tear' 

',City Enginee/, shall mean the Manager of Engineering Services for the City or their 

designate. 

"Approving Officef' shall mean the Approving Officer or their designate as appointed by 

the Council of the CitY. 

,,project Enginee/' shall mean the professional engineer retained by the Owner to 

.orþ¡"t" tñe design and supervision of construction of the Wo¡¡, to ensure 

confôrmance of the íA/ork with the Approved Engineering Plans and provide the as-built 

drawings for the Work and service cards for the lots' 

,,Contractof' shall mean and include contractors and sub-contractors employed by the 

Owner, directly or indirectly, in the construction and installation of the Work' 

The Owner covenants and agrees to construct and install on the Land and off-site as 

the case may be, in accordanê with the plans and s_pecifications initialed by the Owner, 

or his represêntative and the City Engineer for identification, the Work as follows: 

(a) Road works; 

(b) Drainage works and services; 

(c) Sewage works and services; 

(d) Water works and services; 

(e) Off-site sidewalk; 

(Ð Boulevard landscaPing; 

(g) Curbs and gutters; 

(h) Street lighting; 

i¡l' Undergóunà'ebctrical, telephone, cablevision, internet and gas works; and 

Ùt 

Additional works required as a condition of approval; 

Each of the parties hereto acknowledge having in its or his possession a true copy of 

the aforesaid plans and specifications (herein called the "Approved Elgineering Plans"), 

and acfnowläOgà and agree that ihe Approved Engineering. Plans are hereby 

incorporated into-and made-part of this Ag lement and are attached as Schedule "Two'þ4

BYI.AW NUMBER 3843 

SCHEDULE J - DEVELOPMENT AGREEMENT 

3. 

4. 

5. 

The Work shall be carried out by the Owner or his contractors in accordance with the 

Approved Engineering Plans, and in a 

and Development Servicing Bylaw of t 

provisions of the plans and specifications a 

ine City Engineer shall determine and consent in writing to the provisions which shall be 

enforced and constructed. 

The cost of the Work shall be borne by the Owner, and the Owner shall employ only 

bonded contractors to carry out and complete the Work. 

The Owner shall obtain and provide to the City upon request and free of charge true 

copies of all contracts and sub-contracts entered into by the Owner or its contractors in 

relation to the Work. 

The decision of the City Engineer shall be final and binding on all parties hereto in 

determining whether or not tne Worf or any part thereof has been carried out and 

completedin accordance with the provisions of this Agreement. The date of acceptance 

of the Works will be the initiation date for the Warranty Period for the Works. 

7. 

As soon as the Owner is satisfied that he has caused the Work to be completed, and 

prior to final acceptance of the Work, the Owner shall submit to the Ci$ Engineer final 

äs-built drawings of the Work and service cards for each lot, sealed by a Professional 

Engineer. Th¡J information forms part of the overall project and therefore must be 

submitted within ninety (g0) days of the Completion Date. The as-built drawings must be 

provided in formats aóceptable to the City Engineer^which shall include one digital copy 

in the latest AutoCAD version being used by the City at the time of submission, one 

digital copy in dwf format and two (Z) paper copies. Each drawing in digital format, 

wñether àwg or dwf must be digitally stamped by the Project Engineer. Each paper 

copy must bã stamped and signed by the Project Engineer. All information required by 

tnå'City on as-built drawings ãnd service nrds must be clearly presented and must be 

correct. Service cards are to be submitted on indivldual 8 Yz x 11 paper sheets and in 

digital dwf format. Until the City accepts the final as-built drawings, the City will hold 

$2-,500 per sheet that is missiñg or deficient. Until the City accept¡ the final service 

."ids, tñe City will hold $500.0Ó per card for each card that is missing or defìcient. 

Corrections to the service cards made by the City shall be at the sole cost of the owner, 

which cost will be deducted from the securities to be refunded' 

The Owner shall cause the Work to be carried out and completed not later than the 

day of 

called the "Completion Date")' 

L 

prior to obtaining approval of the subdivision by the Approving Officer or the 

-,20-(hereinafter 

(a) Shall pay all arrears of property taxes chargeable against the Land by the City; 

and 

(b) Shall pay all current assessed property taxes levied against the Land by the City' 

development by thê Ch¡ef Building lnspector, or his designate, the Owner: 

PAGE 4 of Schedule $ 5

11. 

BYLAW NUMBER 3843 


10. The Owner further covenants and agrees to pay to the City, prior_to commencement of 

the subdivision or the development, as applicable, charges for the development, 

processing, engineering and inspectlq oJ-lne Work equal to 3o/o on the first 

$ZSO,OOO.õO; íolo on -the second $750,000.00 and 1o/o on the balance over 

$1,500,000.00 of the estimated cost of constructing ltilities and roads required for the 

subdivision or development as approved by the City Engineer; and further, to pay when 

the same 

"r" 

¡¡ll"O òy the Gity,'administration fees, engineering fees and legal costs 

incurred by the City ãnd relating to the subdivision or development of the Land and 

construction and ¡nstallation of t-he Work, and the cost of connecting the Work t1!n" 

City,s drainage and sewage collection systems and, where applicable, the..Gys 

waterworks, Èhased subdivisions and developments under the same owner are eligible 

for fee calculations and charges based on the entire project. 

the Approving Officer or the Development 

designate, and as security for the due and 

I his covenants and agreements herein 

City, an unconditional, irrevocable Letter of 

Credit, in a format acceptable to the City and drawn on a chartered bank in Canada for a 

term of not less than twäMe (2) monthó, in the amount of ($ ), 

which is equalto One Hundred and Fifty pe 

providing underground pipe works, services 

to the road structure level (Section 2b an 

percent (125%) of all other works required to 

under the terms of this Agreement. ine cost of constructing and providing Works shall 

be estimated by the Ptoject Engineer and confirmed as acceptable by the City Engineer 

This estimated cost for the purposes of determining securities required shall exclude 

engineering inspection, testing and taxes' . 

The Owner agrees that, upon the City Engineer prwiding the Owner an estimate of any 

increase in the cost of'the Work, the Owner shall deposit with the City an additional 

unconditional, irrevocable Letter of Credit equal to One Hundred and Fifty percent 

tì soøl of the increase in the esti of the cost of constructing and providing 

ùnOerground pipe works, services a 

trench backfill to the 

road structure level (Section 2b and 

Twenty Five percent 

(12517o) of the increaèe in the cost of all c 

o be constructed and 

installed by the owner under the terms of this Agreement. 

The Owner shall ensure that the Letters of Credit required under this Agreement are 

kept up to date and in force for the entire period of the Owner's obligations under this 

Agreement. 

The owner agrees that, if the owner should be adjudged bankrupt, or makes a 

general assigñment for ihe benefit of creditors, or if a receiver is appointed for the 

ó*n"r, tne Óity may, without prejudice to any other right or rem.edy the City may 

have, immediatêly diáw down on tñe Letters of Credit held by it under this Agreement 

and use the funds for the purpose of completing the Work in accordance with this 

Agreement. 

PAGE 5 of Schedule $ 6



The Owner agrees that, if the Owner intends to seek protection from its creditors 

under any statute, including the companies creditors Arrangement Act, the owner 

will give tn" õitv at least ñve (5) days written notice of its intention to do so and 

agrees that the ability of the Cìtú to âta*- dgyn on the Letters of Credit held by it 

under this Atreer"ni and use the funds for the purpose of completing the Work in 

accordance ti¡1.r this Agreement shall not be affected by the creditor protection' 

The Owner agrees that if the Work or any part thereof is not completed in accordaneæ 

with the provisions of this Agreement and, in particular, by the Completion Date, or if the 

owner shall be in default of any of his covenants herein contained, and such default 

shall continr" ioi a period of fourteen (14) days after notice thereof has been given by 

the City to the ownèr, the City may drâw âowir on the Letters of Credit held by it under 

this Agreement and use the fúnds ior the purpose of completing the Work in accordance 

with this Agreement. 

lf, after completing the Work in accordance with this Agreement, any portion of the funds 

drawn Oown ny in" City from the Letters of Credit held by it under this Agreement 

remain, the CiV shall return the remaining funds, if any, to the Owner less any 

administration fees required by the City' 

lf there are insufficient funds available under the Letters of Credit held by the City under 

this Agreement to complete the Work in accordance with this Agreement, the Owner 

shall, immediåteV upon'¡eing invoiced by the City, pay to the City.all amounts in excess 

of the funds available under the Letters o:f Cred¡t required to complete the Work. 

Any invoice rendered by the City to the. Owner under the provisions of this paragraph, 

shall be ,"g"rd"Jas chärges foi work done or service provlded under the provisions of 

section 25g of the community charter and may in addition.to. any other remedy 

available to the City, be collecied in the same manner and with the like remedies as 

ordinary taxes upoñLand and improvements are collected under the said Act' 

It is understood and agreed that the city may complete the work using the funds dt9*n 

down by it from the Lõtters of credit nélo ¡ú it under this Agreement either by itself, or 

by contractors employed by the City. 

12. The City will consent to reduction in the amount of the Letters of Credit held by it under 

this Agreementfrom time to time, and in accordance with the following: 

(a) The reduction in the amount of the Letters of Credit will be based on retention by 

the City of amounts calculated in accordance with paragraph 11 . 

of this 

Agreement for all portions of the Work which the Project Engineer has not 

certified as being completed to City standards and/or which have not been 

accePted bY the CitY Engineer' 

(b) No reduction will be allowed for any amount less than 10% of the total cost of the 

Work unless said reduction is to release remaining securities; 

PAGE 6 of Schedulejt



(c) 

(d) 

(e) 

(Ð 

Upon comptetion of the Work any refund due will be debited in the amount of 

$ä,SOO pei sheet for each missiñg or deficient sheet of as-built drawings and 

$SbO per sheet for each missing or deficient service card digital AutoCAD sheet; 

Notwithstanding (a) and (b) herein, the City will not refund an amount whichever 

is the lesser o{ loyo of the'total cost of construction and installation of the Work 

or $7b,000.00 for each $1,000,000.00 or part thereof of the cost of construction 

and installation of the Work until the expiry of one (1) year following the full and 

final completion of all the Work other than landscaping related Works. The 

warranty þeriod for landscaping works shall be a minimum of two (2) years' 

trtotwithitánding the above, tire m¡n¡mum deposit required to be held shall be not 

less than $5,000.00.; 

An inspection at the end of the one year warranty p-eriod of the Work is to be 

by the Project Engineer and include City staff. Prior to authorization for 

"rr"ngäd 

rebaJe of ine holdback amount the Owner is required to ensure that all as-built 

drawings and service cards have been received and accepted by the City and to 

providã the City written verification that all consultants, contractors and 

subcontractors have been paid in full' 

The warranty period provided for herein will be extended by the following periods 

of time if any of the following occurs: 

¡) from the time a deficiency is discovered untilthe time it is repaired; and 

ii) if a deficiency is repaired and the sufficiency of that repair cannot be 

determined dúe to weather or soil conditions until such time as the City 

Engineer, acting reasonably, is able to determine the deficiency of the repair 

of the Work; 

Notwithstanding the above, the City Engineer may waive the requirement to 

extend the warranty period as set out above in whole or in part; 

(g) 

Upon the expiry of the aforesaid warranty period or such further term as provided 

hårein and próvided that the Owner is not then in default under any of their 

covenants herein contained, and upon final approval of the Work by the City 

Engineer, the Gity will as soon as possible, reduce the remaining security to zero 

(nil). 

13. The Owner covenants and agrees to indemnify and save harmless the City and its 

servants, agents and employêes from and against all actions, proceedings, costs, 

damages, expenses, claims ãnd demands ruhatsoever and by whomsoever brought or 

madeägainsi the City or its said servants, agents and emptoyees, resulting directly or 

indirecfly from the construction or installation of the work. 

14. 

tn consideration of due and proper performance by the Owner of his covenants herein 

contained, the City covenants and agrees to permit the Owner to carry out and perform 

the work' 

PAGE 7 of schedutei,



15. 

16. 

17. 

18. 

19. 

Any demand or notice required or permitted to be given under the provisions of this 

Agieement shall be in writing and may be given by_mailing such notice by prepaid 

re-gistered post to the party concerned at the address for such party first above-recited, 

süch notice or demand mailed as aforesaid shall be deemed to have been 

"nã received "ny by the party to whom it is addressed on the second business day after the date 

of posting thereof. 

The Owner acknowledges and agrees that immediately upon issuance by the City 

Engineer of acceptance of the Woik, all right, title and interest in and to the Work shall 

imñediately pass to and vest in the City, but nothing herein contained shall derogate 

from the oóligation of the Owner to maintain the Work for the warranty period noted in 

section 12 following completion as aforesaid' 

It is understood and agreed that the City has made no representations, covenants, 

warranties, guarantees, promises or agreements (oral or otherwise) with the Owner 

other than those contained in this Agreement' 

Wherever the singular or masculine is used herein, the same shall be construed as 

meaning the plural, feminine or body corporate or politic where the context or the parties 

so require. 

This Agreement and the terms, covenants and conditions herein contained shall enure 

to the benefit of and be binding upon the parties hereto and their respective heirs, 

executors, ad m in istrators, successors and assig ns. 

PAGE I of Schedule6lg



lN WITNESS WHEREOF the parties hereto have executed this Agreement at the City of 

Vernon, Province of Brltish Columbia, the day and year first above written' 


Manager of Engineering Services: 

Corporate Officer: 

Owner: 

Print 

Signature 

Owner: 

Print 

Signature 

Owner: 

Print 

Signature 

SIGNED in the presence of: 

Witness Print 

Signature 

Address 

Occupation 

PAGE 9 of Schedule'/g

PAGE 1 


SECTION 4 

PROVTSION OF SERVICES IN SUBDIVISIONS AND DEVELOPMENTS 

Level of Service 

4.01 

Unless otherwise approved by a Development Variance Permit issued by 

the Council pursuant to Section 922 of the Local Government Act, all 

subdivisions and developments shall be provided with services as 

prescribed in Schedule A of this Bylaw and the level of services required 

may be different for different zones as established by the Zoning Bylaw in 

accordance with the provisions of Schedule A of this Bylaw. 

4.O2 

Notwithstanding Subsection 4.01, the servicing requirements prescribed in 

Schedule R oÍ th¡s Bylaw may be waived where the lot created or 

developed is to be used solely for the unattended equipment necessary 

for the operation of: 

a) a communitY water sYstem; 

b) a community sewer sYstem; 

c) a community gas distribution system; 

d) a community radio or television receiving antennas; 

e) a radio or television broadcasting antenna; 

f) a telecommunications relay station; 

g) an automatic telephone exchange; 

h) an air or marine navigational aid; 

¡) electrical substations or generating stations; or 

ji any other similar public service or quasi public service facility or 

utilitY. 

Notwithstanding Subsection 4.01, the servicing requirements prescribed in 

Schedule A pertaining to provision of community sanitary sewer system, 

community water supply system, storm sewer system or street lighting are 

not required for consolidations or boundary lot adjustments ' 

Expense of Services To Be Borne Bv Owner 

4.03 

Unless otherwise provided in this Bylaw, allworks and services required in 

this Bylaw shall be constructed and installed at the expense of the 

Applicant. 

Attachm ent 2 

7L

PAGE 2 


Bondinq and Development Aqreement Required 

4.O4 

a) All works and services to be constructed and installed to serve any 

proposed subdivision of any lands shall be constructed and 

installed at the expense of the applicant as prescribed in Schedules 

A to H herein and be subject to a warranty period of one (1) year 

for Works and two (2) years for landscaping, or such further period 

as provided herein, from the date of the inspection and acceptance 

by the City Engineer of the aforesaid Works and services as 

completed (hereinafter referred to as the "Acceptance of the 

Works") prior to the approval of such subdivision by the Approving 

otficer. A plan of subdivision may be finally approved prior to: 

i) the expiry of the warranty Period of the required works and 

services and after Acceptance of the Works, where the 

applicant deposits with the city letter of credit, or other 

security in a form acceptable to the Manager of Finance, 

prior to the final approval of the subdivision by the Approving 

Officer, in an amount equal to 10% of the cost of installing 

and constructing all of the aforesaid Works and services for 

the subdivision and, notwithstanding the above, the security 

amount shall not be less than $10,000.00 or more than 

$75,000.00 for each $1,000,000.00 or portion thereof of cost 

and to enter into a form of Agreement with the city as set 

out in schedule J herein. Any security provided under 

section 4.14(b) of this bylaw for the same works will be 

credited to any Agreements under this subsection' 

¡i) the Acceptance of the works as required by this bylaw 

where the applicant deposits security in a form acceptable to 

the Manager of Finance in an amount equal to 150% of the 

cost of underground sanitary Sewer and storm Sewer works, 

including services and trench backfill plus 125o/o of the cost 

of all other works required to be constructed and installed by 

the owner as required by the Approving officer before the 

subdivision plan is finally approved by the Approving officer 

and to enter into a form of Agreement with the City as 

contained in Schedule J herein. 

b) All works and services to be constructed and installed to serve any 

proposed development that does not require a subdivision of any 

lands shall be constructed and installed at the expense of the 

applicant as prescribed in Schedules A to H herein and be subject 

to a warranty period of one (1) year for Works and two (2) years for 

landscaping, or such further period as provided herein, from the 

72

PAGE 3 


date of Acceptance of the Works prior to the approval of such 

development by the city. A development may be finally approved 

prior to: 

i) 

the expiry of the warranty Period of the required works and 

services and after Acceptance of the Works, where the 

$75,000.00 for each $1,000,000.00 or portion thereof of cost 

and to enter into a form of Agreement with the city as set 

out in Schedule J herein. Any security provided under 

Section 4.14(b\ of this bylaw for the same works will be 

credited to any Agreements under this subsection. 

¡¡) 

c) 

The City will reduce the amount of security deposited pursuant to 

provisions of this bylaw herein from time to time and in accordance 

with the following: 

i) 

ii) 

¡i¡) 

iv) 

the credit reduction will be equal to the cost of the work 

completed and approved by the City Engineer; 

no reduction will be allowed for any amount less than 1Q% o1 

the total cost of the construction and installation of the work; 

upon completion of the works and services required herein, 

the provisions of section 4.07 have been complied with 

respect to provision of as-built drawings and service cards in 

paper and acceptable electronic formats; 

notwithstanding sub-paragraphs (i) and (ii) above, the City 

will not refund an amount whichever is the lesser of 10% of 

the total cost of the constructing and installing of the work or 

73

PAGE 4 


$75,000.00 for each $1,000,000.00 or part thereof of the 

cost of the construction and installation of the works and 

services required herein until the expiry of the warranty 

period or such further term as provided herein following the 

Acceptance of the Works. Notwithstanding the above, the 

minimum deposit required to be held shall be not less than 

$5,000.00; 

v) the warranty period provided for herein will be extended by 

the following periods of time if any of the following occurs: 

a) from the time a deficiency is discovered untilthe time it is 

repaired; and 

b) if a deficiency is repaired and the sufficiency of that 

repair cannot be determined due to weather or soil 

conditions until such time as the City Engineer, acting 

reasonably, is able to determine the deficiency of the 

repair of the Work; 

Notwithstanding the above, the City Engineer may waive the 

requirement to extend the warranty period as set out above 

in whole or in Part; 

v¡) Upon the expiry of the aforesaid warranty period or such 

further term as provided herein and provided that the Owner 

is not then in default under any of his covenants herein 

contained, and upon final approval of the Work by the City 

Engineer, the City will, as soon as possible, reduce the 

remaining securitY to zero (nil). 

Excess or Extended Capacitv 

4.05 

Pursuant to Section 939 of the Local Government Act, the City may 

require that the Applicant provide excess or extended services to provide 

access to or service land other than the land being subdivided or 

developed. 

Riqht-of-Wav Aoreement 

4.06 

Where the provisions of this bylaw require an Applicant to grant a utility or 

drainage Right-of-Way to the City of Vernon, the Applicant shall be 

required to: 

74

PAGE 5 


a) 

b) 

c) 

d) 

enter into an Agreement substantially in the form prescribed in 

Schedule K of this Bylaw, as amended; 

provide that the Statutory Right-of-Way Agreement will be 

registered free and clear of any financial charges, options, rights of 

first refusat or any other encumbrances that in the opinion of the 

City's solicitors may jeopa¡dize the attachment of the Statutory 

Right-of-way to the lands; 

either allow the City to register the Statutory Right-of-way in the 

Land Title Office against the lands of the applicant at the expense 

of the applicant or, at the option of the applicant, have the 

applicant's solicitor provide an undertaking to register same on 

terms acceptable to the City's solicitors; 

pay all associated costs in preparing and registering the Statutory 

Right-of-Way Agreement, including legal costs. 

Geoscientist 

4.07 

All engineering drawings required in this bylaw for works and services, 

shall be prepared by a Professional Engineer and Geoscientist registered 

to practice in the Province of British Columbia. 

The Applicant shall engage a Professional Engineer and Geoscientist to 

carry out all necessary field reviews and inspections during the 

construction of works and services required as a condition of subdivision 

approval. The City requires full time inspection during the construction 

and installation of all underground works. The Professionals shall submit a 

report in the format set out in Schedule M of this bylaw certifying that the 

works and services have been carried out in compliance with this bylaw 

and the plans, drawings and supporting documents submitted in support 

of the subdivision application which were accepted by the City of Vernon' 

All applications for subdivision shall include a letter of commitment from 

the Applicant in the format set out in Schedule L of this bylaw, that a 

Professional Engineer and Geoscientist have been engaged to carry out 

all necessary design works and undertake all field services for the 

subdivision. 

a) Upon completion of the works and services, the applicant shall 

provide to the City Engineer final, as-built drawings and service 

cards in paper and electronic acceptable formats signed and 

sealed by a professional engineer of all work constructed or 

installed pursuant to the application. 

75

PAGE 6 


b) lf there are any deficient or missing drawings or service cards upon 

completion of the work, any refund due will be debited in the 

amount of $2,500.00 per asbuilts and $500 per service card. 

Exception For Service Connection 

4.08 

Notwithstanding Section 4.07 above, in a subdivision where only service 

connections to existing works and services are required, the City may not 

require that the Applicant engage a Professional Engineer or Geoscientist 

to design those service connections where service grade, elevation and 

pipe size are not an issue. 

Geotechnical / Slope Stabilitv 

4.09 

A geotechnical report(s) on slope stability is required prior to land use redeéignation, 

subdivision, development and/or building permit approval' A 

report is required wherever the slope of the subject lands, or portions 

thereof exceed 15 percent or where past subsidence, slippage or seepage 

is evidenced in the vicinity of the site. Lands in excess of 30% slope are 

not to be developed unless otherwise approved for development as part of 

an adjoining larger area of 30%or less slope as per the Hillside 

Guidelines. 

The requirement for a geotechnical report for slope stability rnay be 

waived by written authorization from the City Engineer. The City Engineer 

may alsó require a Geotechnical report for sites with soil conditions, 

groundwater, or other such conditions which, in the opinion of the City 

Engineer, require special attention. 

A) Slope stability reports shall contain a minimum of the following 

information: 

¡) Existing property lines shown on plan(s). 

¡il Top of slope, embankment or escarpment; and toe of slope. 

¡¡¡) Contour mapping as required by the Geotechnical Engineer. 

iv) stability Limit (s.L.) line(s) shown on plan(s). The s.L line is 

. 

defined as the line that corresponds to a slope stability 

safety Factor (s.F.) of 1.5 and delineates the Developable 

Area where s.F. is greater than 1.5, from the undevelopable 

Area where the s.F. is less than 1.5. To define the s.L. line, 

the slope is to be analyzed in the existing natural condition 

using the highest expected groundwater condition, both 

natural and man-made. 

76

PAGE 7 


v) The effect of and extent of slope failure on the subject land 

and adjacent properties and the methods for protection of 

the lands. 

vi) A setback line, drawn in relation to the S.L. Line and within 

the developable area, which shall define the point nearest 

the s.L. line that structures (including streets, underground 

utilities, building foundations, swimming pools, etc') can be 

constructed without jeopardizing the slope stability at the 

s.L. line. The building setback line shall be no closer to the 

top of slope than: 

a) that line determined by a Geotechnical Engineer 

using the method described in this section, or 

b) the "rear yard setback" distance as specified in the 

City of Vernon Zoning Bylaw No' 5000, as amended 

measured from the top of the slope, embankment or 

escarPment. 

vii) ldentification of proposed fill areas and development of a 

filling plan addressing ultimate topography, fill materials, 

metñodology, inspection, testing, revegetation, slope stability 

and setbacks as defined in this section. 

viii) Assessment and recommendations regarding the effects of 

rainfall, runoff and irrigation. 

B) 

c) 

D) 

E) 

F) 

Existing lands within areas of 30% slope or less where the S.F. < 

1.5 may be considered for development by the City Engineer if the 

existing slope is modified using recognized remedial procedures 

which will yield a S.F. greater than 1.5' 

Slope stability reports shall be prepared by a Professional 

Geotechnical or Geological Engineer. 

It is the responsibility of the developer to ensure that slope stability 

reports are initiated and that development conforms to the 

recommendations in the rePort. 

All rock removal and rock blasting are to be designed and field 

reviewed by a Professional Geotechnical or Geological Engineer. 

An erosion/sedimentation control plan must be prepared by a 

Professional Geotechnical or Geological Engineer that addresses 

dust, erosion and sediment control at all stages of development' 

The plan must be implemented and measures maintained at the 

Applicant's expense untilthe Acceptance of Works. 

77

PAGE 8 


Traffic lmpact Analvsis 

4.10 

The Approving Officer may require the Applicant to provide a traffic impact 

analysis. 

Off-Site Utilities lmpact Analvsis 

4.11 

The Approving Officer may requÍre the Applicant to provide an off-site 

utilities impact analysis. 

Site Preparation 

4.12 

ln no case shall land be excavated, filled, paved or graveled or the 

surface features of land otherwise be altered for the purpose of 

development without the prior written approval of the Approving Officer or 

City Engineer. 

Otf-Site Services 

4.13 

The Applicant may be required to contribute towards the cost of upgrading 

or upsizing off-site roads and utilities' 

Works within existinq Risht-of-wavsl 

4.14 

Where a subdivision or development must construct works within a City 

road or right-of-way, the following is required: 

a) provide engineering drawings for the works in accordance with the 

provisions of this bYlaw. 

b) Provide security in a form acceptable to the Manager of Finance in 

the amount of iSOX of the cost of underground sanitary sewer and 

storm sewer works, including services and trench backfill plus 125% 

of the cost of all other works required to be constructed within the 

City road or right-of-way plus development, processing, engineering 

and inspectioñ fees as set out in Subsection 8.01(bxii) lf the 

applicant has entered into an Agreement pursuant to Subsection 

¿.0+(aX¡¡) or 4.04(b)(ii), the above security can be credited against 

tne seôui¡ty for the same works provided for in the above mentioned 

Agreement. 

c) Obtain a Permit from the City for construction within a Right-of-way. 

78

PAGE 9 


Exception for Propertv Boundarv Adiustments 

4.15 

Notwithstanding Subsection 4.01 of this Bylaw, subdivisions involving only 

property boundãry adjustments where the number of lots is not increased 

inall nôt be subject to the requirements of this Bylaw, except in the 

following cases: 

1. Where road dedication is required, all dedication for future road 

widening shall be obtained at the time of the property boundary 

adjustment application. 

2. Any unprotected or existing servicing that encroaches on 

adjustment parcels shall be protected by means of easement or 

státutory Right-of-Way or relocated as required by the Cjty 

Engineer. Any relocation of services shall be governed by the 

regulations of this Bylaw. 

The applicant must provide a plan showing the location of all existing 

structures, road and utilities in order to demonstrate compliance with the 

above requirements. 

4.16 

ln those areas within Plan Vernon designated as a development permit 

area because of fire hazard, the Approving Officer will require a fire 

hazard assessment from a registered professional forester. 

79

PAGE 1O 


SECTION 8 . ADMINISTRATION AND ENFORCEMENT 

Application Fee 

8.01 a) 

i) An applicant for subdivision approval shall submit with the 

application a fee in accordance with the Fees and Charges Bylaw 

3909 as amended. 

ii) 

T.his application fee shall cover all processing and review of 

preliminary subdivision layout plans up to the issuance of a 

preliminary layout approval or the equivalent thereof; 

Following the granting of a preliminary layout approval an 

applicant for subdivision shall submit a development, processing, 

engineering and inspection fee in the amount of 3% on the first 

$750,000.00 of the cost of the works and services, 2o/o on the 

second $750,000.00 and 1% on the balance of over 

$1,500,000.00 of the estimated cost of constructing the same' 

The estimated costs shall be approved by the City Engineer. 

b) 

An applicant for development approval shall submit with the application a 

fee in accordance with the following: 

¡) any fee payable under the Building and Plumbing Bylaw of the 

City at the time of apPlication; 

i¡) 

prior to the issuance of a permit where a permit is required or prior 

to construction where no permit is required, for development, 

processing, engineering and inspection fees, an applicant for 

development shall submit a fee in the amount of 3% on the first 

$750,000.00 of the cost of the works and services, 2o/o on the 

second $750,000.00 and 1o/o on the balance of over 

$1,500,000.00 of the estimated cost of constructing the same. 

The estimated costs of Works shall be provided by the Project 

Engineer for review and acceptance by the City Engineer. 

Preliminarv Lavout Approval 

8.02.1 

An Applicant may, before causing a plan of subdivision to be prepared 

and submitted for approval pursuant to the provisions of the Land Title 

Act, make a submission for Preliminary Layout Approval. This submission 

shall be accompanied by preliminary plans of the proposal and shall 

Attachment 3 

80

PAGE 11 


include information as required by the Approving Officer to appraise the 

proposed subdivision. 

8.02.2 

8.02.3 

Preliminary Layout Approval of any subdivision shall not be construed as 

final approval for land registration or any other purpose, nor is a 

submission for Preliminary Layout Approval considered an application 

under Section 938 of the Local Government Act. This approval shall not 

be considered as acceptance by the Municipality or its Approving Officer 

of anything except the general layout of the proposed subdivision, and a 

list of minimum conditions which would be taken into consideration on an 

application for final approval. Preliminary Layout Approval is revocable by 

the Approving Officer at any time before final approval is granted. 

The approval period for Preliminary Layout Approvals (PLA) shall be 

based upon the number of new fee simple or bareland strata lots created 

by the subdivision and shall be granted on the following basis (Bylaw 

M484, 1999, February 1,1999): 

a) For subdivisions with up to 20 new fee simple or bareland strata lots 

being created, the PLA approval period shall be a maximum of one 

(1) year with a maximum one (1) year re-approval period permitted 

wherein the re-approval conditions may vary from the initial approval 

conditions; 

b) For subdivisions with between 21 and 100 new fee simple or 

bareland strata lots being created, the Pl-A approval period shall be 

a maximum of three (3) years with a maximum one (1) year reapproval 

period permitted wherein the re-approval conditions may 

vary from the ínitial approval conditions; or 

c) For subdivisions with more than 100 new fee simple or bareland 

strata lots being created, the PLA approval period shall be a 

maximum of ten (10) years with a maximum one (1) year reapproval 

period permitted wherein the re-approval conditions may 

vary from the initial approval conditions." 

Authorization To Enter On Lands Beinq Subdivided 

8.03 

Otficers of the City of Vernon, or their designates are authorized to enter, 

at all reasonable times, upon the lands for which application to subdivide 

has been made, in order to ascertain whether the provisions of this Bylaw 

are being met. 

Violation 

81

PAGE 12 


8.04 Every person who: 

a) violates any of the provisions of this bylaw; 

b) causes or permits any act or thing to be done in contravention or 

violation of any of the provisions of this Bylaw; 

c) neglects or omits to do anything required under this Bylaw; 

d) carries out, causes or permits to be carried out any development in a 

manner prohibited by or contrary to any of the provisions of this 

Bylaw; 

e) fails to comply with an order, direction or notice given under this 

Bylaw; 

Ð prevents or obstructs or attempts to prevent or obstruct the 

authorized entry of an officer on property under Section 2; 

shall be deemed to be guilty upon summary conviction of an offence 

under this Bylaw. 

Offence 

8.05 Each day's continuance of an offence under Section 3 constitutes a new 

and distinct offence. 

8.06 Any person who violates any of the provisions of this Bylaw shall, on 

summary conviction, be liable to a penalty not exceeding $10,000 plus the 

cost of prosecution for each offence. 

Completion 

8.07 Should any person fail to construct or install any works or services 

required under this Bylaw, the municipality, its agents or servants may 

construct or install the works, services, asbuilts and service cards at the 

expense of the person in default, and the expense thereof, with interest at 

the rate of six percent (6%) per annum with costs, may be recovered in 

like manner from the bond or as municipaltaxes. 

Severabilitv 

8.08 lf any section, subsection, sentence, clause or phrase of this Bylaw is for 

any reason deemed to be invalid by the decision of any court of 

competent jurisdiction, the invalid portion shall be severed and the 

82

PAGE 13 


decision that it is invalid shall not affect the validity of the remainder of this 

Bylaw. 

Schedules Form Part Of Bvlaw 

8.09 Schedules "4" through ttOt' are attached to and form part of this Bylaw. 

Authorization 

8.10 a) The Manager of Engineering Services and or Manager of 

Engineering Development Services and Clerk are authorized to sign 

on behalf of the City the Agreement set out in Schedule J without 

further resolution of Council if such Agreement conforms with the 

provisions of this bylaw. 

83

THE CORPORAT¡ON OF THE CITY OF VERNON 

REPORT/RECOMMENDATION TO COUNCIL 

,";;'tiïU 

SUBMITTED BY: Ed Stranks, 


DATE: April 30,2009 

FILE: 3320-30 

SUBJEGT: 

AMENDMENT OF SUBDIVISION DEVELOPMENT SERVICING BYLAW 

#3843-SCHEDULEL&M 

PURPOSE: 

To update Schedule L - Confirmation of Commitment by Owner and Schedule M - 

Confirmation of Professional Assurance both part of Subdivision and Development Servicing 

Bylaw # 3843. 


THAT Council approves the attached amended Schedule's L and M of the Subdivision and 

Development Servicing Bylaw # 3843 and authorize staff to prepare an amendment bylaw to 

replace the original Schedule's L and M with the attached Schedule's L and M. 


ANALYSIS: 

1. That Council not authorize adoption of the amended Schedules L and M of the 

Subdivision and Development Servícing Bylaw # 3843. This would result in increased risk 

to the City from owners not obtaining the required professionals to conduct works and 

from professionals not being obligated to be accountable for all aspects of required works. 

A. Rationale: 

1. Schedule L ensures that the owner has retained the required professionals to design 

and oversee the construction and installation of works. Schedule M provides 

verification that the project professionals have completed the works as per the 

requirements of the Bylaw. As the owner is required to cover all costs for any project 

it is criticalthat both Schedule L and M are consistent. 

2. Professional Engineers typically oversee development and subdivision design and 

installation however they rely on geotechnical professionals to address issues that 

are outside their area of expertise. Requiring both a professional engineer and 

geoscientist to be responsible for design and installation supervision ensures that all 

aspects of subdivision and development design and construction are professionally 

addressed. 

84

-2- 

3. Geotechnical input is a critical component of all subdivision and development work. 

lf geotechnical concerns are not addressed as part of design and construction the 

service life of the works being constructed and installed may be compromised and 

costs to complete the works can increase significantly. 

4. Site and lot grading are a critical component of any development project. lf not 

designed to address area conditions or if not constructed to match the design, these 

works may create significant safety and maintenance concerns for future property 

owners and the City. 


1. Attachment 1-Amended Schedule L 

2. Attachment 2-Amended Schedule M 

C. Official Gommunitv Plan 2008 Guidinq Principles: 

The amended Schedule L and M involves the following guiding principles in Official 

Community Plan 2008: 

D. Policv (Existinq/Relevance/Nonel: 

N/A 

E. Relevant Historv: 

N/A 

F. Committee/Board Recommendations: 

N/A 


N/A 

H. Resources: 

Approximately 4 hours of staff time will be required to amend the noted sections of the 

Bylaw and revise the bylaw on the City website. 

85

-3- 

BUDGET IMPLICATIONS: 

lncreased owner and project professional 

premature failure of works thus reducing 

replacement by the City of those works. 

responsibility will minimize the potential for 

the long term costs of maintenance and 

Approved for submission to Council: 


Supervisor 

Division Manager'6 il=tþ n Regular Date: 

! ln-Camera/COW Date: 

n lnformation ltem Date: 

! Agenda Addenda Date: 

Item # 

Item # 

Item # 

Item # 

REVIEWED WITH 

! eytaw & Licences 

E Clerk 

n Economic Dev. 

! ncup 

! euitoing & Bylaws 

fl Human Relations 

REVIEWED WITH REVIEWED WITH REVIEWED WITH 

Committees 

UDI 

Environment 

! Facilities 

X Finance 

D rire 

! ut¡l¡ties 

E ovs - Parks 

x xxn!n 

P 

P 

E 

T 

t:| 

o 


g:\planeng\2009\moa\3320 subdivisions and subdivision control\30 subdivision bylaw review\sch l\090430 ejs I m council report.docx 

86

SCHEDULE L 

CONFIRMATION OF COMMITMENT BY OWNER 

This is Schedule L of the City of 



City Clerk 

Attachment I 

87

SCHEDULE L - BYLAW NO. 3843 

Note: To be submitted prior to 

SCHEDULE M - CONFIRMATION OF 

PROFESSIONAL ASSURANCE 

CONF¡RMATION OF ''COMMITMENT BY OWNER'' 

RE: DESIGN AND FIELD REVIEW OF CONSTRUCTION 

BY A REGISTERED PROFESSIONALS 

The Corporation of the City of Vemon 


Vernon, B.C. 

V1T 5E6 

Attention: Citv Enqineer 

Dear Sir: 

Re: 

(Description and Address) of Subdivision or Developmen 

The undersigned has retained as their Professional Engineer and Geoscientist , 

(the "Consultants"), to undertake and/or co-ordinate and review all associated design criteria 

and "field reviews" required for this Project. lt is understood that he/she will take all such steps 

as regulated under the Engineers and Geoscientists Act of British Columbia and required by 

good practices for their profession and by the definition of "field reviews" hereinafter set forth, to 

ascertain that the design will comply and construction of the project will substantially conform in 

all material respects with the provisions of Cíty of Vernon Subdivision and Development 

Servicing Bylaw No. 3843, 1992, current revision, and other applicable Permits, Bylaws, Acts 

and Regulations which apply to the Project. These representatives will ascertain that only 

qualified personnel are retained to carry out tests, inspect or carry out design work, detailing or 

"field reviews." 

As used herein, "field reviews" shall mean such reviews of the work at the project site 

and at fabrication locations, where applicable, as the "Consultants", in their professional 

discretion, considers to be necessary in order to ascertain that the work substantially 

conforms in all material respects to the plans and supporting documents "accepted" by 

the City of Vernon. This will include keeping ree¡rds of all site visits and any corrective 

actions taken as a result thereof. ln the matter of rock blasting a designate of the 

professional must be onsite during all blasts and ensure proper public notification and 

blasting. 

The undersigned has given a contractual mandate to the "Consultants" to review reports of 

other testing and inspection agencies and disciplines where necessary, comment on their 

acceptability, determine the corrective action to take if unacceptable, and maintain a detailed 

record of every such report and comments. The "Consultants" will automatically submit a 

monthly summary progress report to the City Engineer, including all field reports and change 

orders. 

88


SCHEDULE L - COMMITMENT BY OWNER 

NOTE: The owner will notify the City Engineer in writing 30 days prior to any intended 

termination of either or by either "Consultant". lt is understood that work on the above pQect 

will cease as of the effective date of such termination, until such time as a new appointment is 

made, and a "Stop Work Ordef'shall be posted upon the said project by the City. 

Witness Name (Print) 

Owne/s Name (Print) 

Witness Signature 

Bv: 

(Owner or Owner's 

appointed Agent Signature) 

(Print) 

Occupation 

Date: 

Title of Agent (if applicable) 

Address (Print) 

Address 

The Corporate Seal of 

was hereunto affixed in the 

presence of: 

The above must be signed by the Owner or his appointed Agent. The signature must be 

witnessed. lf the Owner is a company, the corporate seal of the company must be affixed to 

the document in the presence of its duly authorized officers. The officers must also sign, 

setting forth their positions in the company. 

PAGE 3 

89



This Engineering "Consultant" acknowledges that they have been retained to ascertain that the 

design will comply and construction of the project will substantially conform in all material 

respects with Bylaws as set out above and will submit letters of Confirmation of Professional 

Design Assurance from others, as needed, for the approval of the development or subdivision. 

ln the absence of a specifically designated professional in this confirmation, for any foregoing 

areas, I the above signatory shall be the responsible Professional. Furthernore, the 

"Consultanf' hereby covenants that they or their firm presently carries liability insurance in the 

amount of 

Name of Professional Engineer (Print) 

Signature of Professional Engineer 

Date: 

Mailing Address (Print) 

Phone: 

PAGE 4 

90



This Geotechnical "Consultiant" acknowledges that they have been retained to ascertain that 

the design will comply and construction of the project will substantially conform in all material 

respectJwith Bylaws as set out above and will submit letters of Confinnation of Professional 

Design Assurance from others, as needed, for the approval of the development or subdivision. 

Furthermore, the "Consultant" hereby covenants that they or their firm presently carries liability 

insurance in the amount of 

Name of Professional Geoscientist (Print) 

Signature of Professional Geoscientist 

Date: 

Mailing Address (Print) 

Phone: 

PAGE 5 

91

SCHEDULE M 

CONFIRMATION OF PROFESSIONAL ASSURANCE 

This is Schedule M of the City of 




Attachment 2 

92

SCHEDULE M - BYLAW NO. 3843 

CONFIRMATION OF 

PROFESSIONAL ASSURANCE 

The Corporation of the City of Vernon 


Vernon, B.C. 

V1T 5E6 

Attention: Citv Ensineer 

Dear Sir: 

Re: 

(Description and Address of Project) 

This is to advise that I am a Professional Engineer / Geoscientist licensed to practice in the 

Province of British Columbia and was retained by the Owner to undertake and coordinate all 

field reviews and inspections required with respect to this project and took all steps as 

regulated under The Engineers and Geoscientists Act of British Columbia and required by 

good practices and by the definition of "field reviews" hereinafter set forth in order to issue the 

following certification. 

As used herein, "field reviews" shall mean such reviews of the work at the project site 

and at fabrication locations, where applicable, as the Professional Engineer I 

Geoscientist, in his professional discretion, considered to be necessary in order to 

ascertain that the work substantially conformed in all material aspects to the plans, 

drawings and supporting documentation and reports accepted by the City of Vemon. 

The following aspects have been reviewed by me or under my direction and have been found 

to comply with the engineering drawings and plans submitted and accepted by the City 

Engineer. 

1.00 Storm Drainage System including, but not restricted to, the following: 

' 

the location, alignment, size and grade of all pipes and culverts; 

. the spacing of manholes and catch basins; 

' the construction of drywells; 

. materials used for pipes, culverts, manholes, catch basins, pipe and fitting joints, 

service connections; 

. materials used for pipe bedding and backfilling of trenches; 

. workmanship ín the construction and installation of all materials. 

Page | 2 

93

SCHEDULE M - 



2.00 Sanitary Sewer System including, but not restricted to, the following: 

' 

Iocation, alignment, size and grade of all pipes; 

r spac¡ng of manholes and catch basins; 

. materials used for pipes, manholes, pipe and fitting joints, service connections; 

. materials used for pipe bedding and backfilling of trenches; 

. workmanship in the construction and installation of all materials. 

3.00 Water Distribution System including, but not restricted to, the following: 

. location, alignment, size and grade of all pipes; 

' spacing of hydrants and valves; 

. construction of pumping stations and reservoirs; 

. materials used for pipes, fittings, fate valves, valve boxes, hydrants, service 

connections, corporation stops, curb stop and boxes, air valves, stops and drains. 

. materials used for pipe bedding and backfill of trenches; 

. workmanship in the construction and installation of all materials. 

4.00 Roads including, but not restricted to, the following: 

. alignment, width and grade of all roads; 

. materials used for preparation or road bases and road surfaces; 

. workmanship in the installation of materials. 

5.00 Curb and Gutter, Sidewalks, and Boulevards including, but not restricted to, the 

following: 

' width and grade of sidewalks and boulevards; 

. alignment and grade of curbs and gutters; 

. materials used for preparation of subgrades and suÉaces; 

' workmanship in the installation of materials. Page I 3 

94

SCHEDULE M - 



6.00 Street Lighting, Electrical and Communications Wiring and Gas lnstallations including, 

but not restricted to, the following 

. number and spacing of street light poles and luminaires; 

. materials used for street lighting, electrical and communications wiring and gas 

installations; 

. materials used for backfilling of trenches; 

. workmanship in the installation of materials. 

7.00 Geotechnical and site grading works including, but not restricted to the following: 

. lot grading 

. slope construction 

. retaining walls 

. workmanship and the installation of materials 

. rock blasting 

I certify that the foregoing areas substantially comply in all material respects with the plans and 

supporting documents, including all amendments thereto, which supported the application for 

subdivision approval File No. _ which were "accepted" by the City of Vernon. 

ln addition, significant revisions to the accepted plans and supporting documents have been 

submitted to the City in order to depict, as nearly as possible, given my "field reviews" as 

defined herein, the services as finally designed and built. 

Name of Professional Engineer / Geoscientist (Print) 

(PROFESS¡ONAL SEAL) 

Signed 

Date 


Phone 

Page | 4 

9s

SCHEDULE M - 



Attached hereto you will find the appropriate "field revieW' assurance from each of the 

associated Professional consultants, who are registered in the Province of British Columbia as 

members in good standing of the Association of Professional Engineers and Geoscientists. In 

the absence of a specifically designated professional in this confirmation, for any foregoing 

areas, I the above signatory shall be the responsible Professional. 

ASSURANCE OF ''ENGINEERING / GEOSCIENTIST' FIELD REVIEW 

Re: 

(Project Address) 

This is to assure that lM/e provided "field reviews" as defined herein of all engineering work 

including checklist items 1.0 to 7.0 inclusive except as specifically noted below. 

EXCEPTIONS - 

Name (Print) 

Signed 

(PROFESSIONAL SEAL) 

Date 


Representing 

Page I 5 

96

THE CORPORAT]ON OF THE CITY OF VERNON 

'#ffiiilii$Ë{L 

It 

REPORT/RECOMMEN DATION TO COUNCIL 

SUBMITTED BY: 

SUBJECT: 

Administration - Bylaw Division DATE: April 29, 2009 

FILE: 4000-10 

Update to Tourism Parking Enforcement Policy 

PURPOSE: 

To update and reconfirm the Tourism Parking Enforcement Policy in light of the addition of the 

Tourism Services function to the City. 


1. THAT Council rescind the September 13,2004 Tourists Parking Enforcement Policy 

and approve the proposed Visitor Parking Pass and Enforcement Policy 


ANALYSIS: 

Council may wish to remove the existing policy and not replace it. This will ensure fair 

parking enforcement, but may not address positive experíences for tourists/visitors. 

Council may wish to continue with the current policy. This does not reflect the addition of 

the Tourism Services function to the City, nor reflect the positive co-operation between City 

Divisions. 

A. Rationale: 

1. A review of the policy has been undertaken in a co-operative initiative undertaken 

by the Tourism Services and Bylaw Services sections of the Administration 

Department. 

2. The review was undertaken due to a number of reasons, including: 

a. Addition of Tourism Services to the City, 

b. The requirement to produce new passes for the 2009 Tourism season. 

c. Current practices for issuance may not have met policy. 

3. A co-operative approach to tracking, issuance and enforcement of Visitor passes 

will continue to allow Bylaw Services to maintain parking control to the benefit of the 

downtown core. 


1. Proposed "Visitor Parking Pass and Enforcement Policy" 

2. Existing "Tourists Parking Enforcement Policy" 

97

,2- 

c. 

Policv (ExistinqlRelevance/None) : 

1. See Attachments for existino policy 

D. 


The o¡ginal policy was developed at Council's request in 2004 after the receipt of a 

letter of-compla¡ni to Council. Ìhe concerns were from a visitor from Alberta who was 

upset regarding the receipt of an expired meter parking violation. 

E. 

Comm ittee/Board Recom mendations : 

N/A 

F. Resources: 

N/A 


It has been estimated in the past that over 800 passes were issued in the first year of 

use. This equates to an approximate loss of meter revenue of $400.00 to $800.00. 

KanesterJ Manager - Bylaw Enf. 

Michette Jefferson- Manager- Tourism Ser 

Leon Gous, CAO 

Date: g/1"-1 O1 

Division ManaseJ+ 

¡ Regular 

n ln-Camera/COW 

tr lnformation ltem 

tr AgendaAddenda 

Date 

Date 

Date 

Date 

Item # 

Item # 

Item # 

Item # 

REVIEWED WTH 

f] aylaw & Licences 

! Clerk 

n Economic Dev. 

! ncuP 

f] eu¡Uing & Bylaws 

fl Human Relations 

REVIEWED WITH 

n Environment 

n Facilities 

n Finance 

E r¡re 

fl GVS - Parks 

E ut¡l¡t¡es 

comments will be 

REVIEWED WITH 

n Puulic works 

E Planning 

fl Engineering 

fl Transit 

as an addendum to the rePort 

98

-ó- 

Attachment I 

THE CORPORATION OF THE CIW OF VERNON 

34OO - 30th Street, Vernon, B.C. V1T 5E6 

Telephone: (250) 545-1361 FAX: (250) 5454048 

website: www.vemon.ca 

Gorporate Policy Manual 

Section: 

Sub-Section: 

Title: 

Visitor Parkino Pass Policv and Enforcement 


Number 

Title 

APPROVALS 


Approved by: 

Amendment 

Approved by: 

Mayor 

Date: 

Mayor 

Date: 

99

-4- 

POLICY 

parking and Traffic bylaws are enforced in a fair and effective manner to ensure that Visitors to 

Vernoñ have a positivê experience during their stay. To support this goal, a Visitor's Parking Pass 

program will be offered coordinated by the Tourism Services Department. 

DEFINITIONS 

A Visitor is defined as an individual, family or group who travel to Vernon for leisure purposes. 

PROCEDURES 

g Pass program through its Tourism Services 

Tourism Services will monitor the issuance of 

other organizations like the Downtown Vernon 

garding issuance to Visitors. 

As part of the administration process, all passes will be logged, recorded and inventoried. Visitors 

will be identified and pass eipiry date and vehicle license plate numbers will be recorded on the 

pà5 The parking pàsser aie úalid for two consecutive days from date of issuance and the pass 

will outline the restrictions that apply. 

The passes will be in an approved format (see Schedule "A") and will be recognized by 

enforäement staff at all parking'meters and City cperated Parking Lots with open parking and other 

restricted parking areas. 

In addition to the issuance of passes for visitors, Bylaw Staff may further identify tourist vehicles 

inroug¡ observation and may i'ssue warnings where meter violations occur. To ensure fairness in 

enforõement procedurer, onó" a violation hãs been brought to the attention of the vehicle owner by 

tnè receipt oi a warning ticket, further infractions may effect stricter enforcement of the bylaw in 

violation. 

100

C IY OF 

--' 

\I|lllrtry 

è' 

V¡sitor's 

Parking Pass 

Vrlldfrom: 

V¡lldto: 

Liccnse number: 

P¡ss #: 

lssued by: 

For great places to shop, eat and 

play, visit our Historic Downtown. 

101

Welcome to Vernon. 

We are pleased to provide this 

complimentary parking pass for 

our visitors as they enjoy our 

Historic Downtown. 

The pass is valid for up to two days. 

See front for expiry date. 

The following conditions applY: 

. This pass must be placed hanging 

from rear view mirror with this side 

facing inside vehicle. 

. Metertime limits stillapPlY 

(ie:30 minutes,2 hourt or4 hours), so 

please move your vehicle accordingly. 

EnfoyYour Steyl 

Tourism Serviccs, 


lfyou have any con

-5- 

Attachment 2 


3400 - 30th Street, Vernon, B.C. V1T 5E6 

Telephone: (250) 545-1361 FAX: (250) 5454048 

website: wv{w.vemon.ca 

Gorporate Policy Manual 

Section: 

Sub-Section: 

Title: 

Tourists Parkino Enforcement 


Number 

Title 

APPROVALS 


Approved by: 

"Sean Haruey" 

Amendment 

Approved by: 

Mayor 

Date: September 13, 2004 

Mayor 

Date: 

103

POLICY 

-6- 

The parking and Traffic bylaws are enforced in a fai¡ and effective manner to ensure that Tourists 

have a posi-tive exferiencé Ouring their visit, a warning system will be applied' 

DEFINITIONS 

PROCEDURES 

The City of Vernon will enter 

administer a tourist Parking Pa 

as Schedule "A") and will be 

parking lots (with open parking), and other rest 

änforcément officers will issue warning tickets 

violation is obviously tourist related. To ensu 

violation has been biought to the attention of the vehicle owner by the receipt of a warning ticket, 

further infractions may Jffect stricter enforcement of the bylaw in violation' 

104


uffiu,íii 

REPORT/RECOMMENDATION TO GOU NCIL 

SUBMITTED BY: 

SUBJECT: 

Manager - Bylaw Enforcement DATE: March 11, 2009 

FILE: 4000-1 0 

Feral Rabbit Regulations, Urban Hens and lntermunicipal Bylaw 

Coordination 

PURPOSE: 

To provide information and options to Council regarding the implementation of regulations 

restricting the sale or support of non-altered rabbits, the implementation of an urban hen 

program, and harmonization of bylaw regulations in accordance with the lntermunicipal 

agreement between Vernon, Kelowna, Penticton and West Kelowna. 


1. THAT Council instruct staff to conduct a request for expressions of interest in order to 

determine costs to implement an animal pound program; 

2. And further that Council direct staff to continue with the implementation of an Animal 

Control and Pound Bylaw in order to regulate rabbits, chickens and other animals within 

the City of Vernon pending costs of the animal pound program being determined; 

3. And further that the Sanitation Bylaw be amended to remove animal regulations from it, 

4. And further that the Municipal Ticketing lnformation bylaw be amended to ensure 

enforcement through ticketing is available; 

5. And further that Council approve the urban hen program in it's draft format, to be 

incorporated in the proposed Animal Control bylaw' 


1. Council may not wish to choose to implement a large animal pound program. The Bylaw 

Division has had issues in the past regar 

areas and in finding someone to assist in 

Council wish to implement an urban hen 

be required to ensure regulated num 

modification and adoption of K"lo*na's "Animal and Poultry Regulation and Animal Pound 

Bylaw". 

2. Council may wish to implement a simpler Animal Control bylaw with no pound regulations. 

This would require court action to attempt to bring properties into compliance. Animals 

causing problems (roosters, etc...) could continue to create nuisances until the case goes 

to court, or until an in¡unction was granted. This could create conflict, the potential for 

violence or neighborré t"king matteis into their own hand. Kelowna's rabbit regulations 

and urban hen regulations cãuld be easily incorporated. Sanitation bylaw #1914, where 

105

-2- 

and urban hen regulations could be easily incorporated. Sanitation bylaw #1914, where 

most of the current animal regulations are contained, is outdated and according to legal 

staff could easilY be challenged' 

3. Council may wish to implement separate bylaws dealing strictly with the sale and support of 

unaltered rabbits and urban hen regulations. 

4. Council may wish to add further regulations regarding exotic animals, or to put in place an 

impound "nd 

fine system for cats found at large. Kelowna recently removed cats from their 

byiaw and many iommunities find support for spay and neutering suffices to assist in 

controlling cat numbers. 

ANALYSIS: 

A. Rationale: 

1. Council has requested that the Bylaw Division implement similar regulations to 

those enacted in Kelowna in response to their feral rabbit concerns. These 

regulations would restrict the sale of non-altered rabbits, restrict the feeding of 

rabbits in parks or public spaces, and would require property owners with warrens 

on their pioperty to remove them. This would ensure a coordinated approach to 

regulations inroúgn out the valley, and would ensure intermunicipal initiatives are 

mét. While in some cases the regulations are very simple to implement and 

harmonize, a majority of the regulations are encompassed in the City of Kelowna's 

"Animal and Poúhry Regulation and Animal Pound Bylaw" for which the City of 

Vernon has no counterPart. 

2. Although the City has regulations pertaining to livestock (including rabbits) in the 

City's -Sanitation bylaw, 1ne City has not implemented a pound program and 

cuirently have no powers to impound such an animal. While the Sanitation bylaw 

has served the community well, a bylaw that was enacted under the animal control 

and land use sections of the Community Charter would at this time better serve the 

community and ensure that the potential for a legal challenge to the bylaw is 

minimized. 

3. Kelowna currently has a contract pound keeper and pound, with a 5 year term to 

the contract and a cost of $27,000.00, or approximately $450.00 per month. The 

contractor is required to maintain a $2,000,000.00 insurance package that names 

the City in a "save harmless" clause. lt is estimated that a similar contract could be 

set up in Vernon for similar costs. 

4. A review of Urban Hen programs in communities in both Canada and the United 

States has revealed many varied regulations and restrictions. These programs 

mayl 

a. require Permits and fees, 

b. allow numbers from two, to unlimited numbers of poultry, and disallow 

roosters, 

106

-3- 

c. require minimum property size, restrict to single family zoning, require 

setbacks from property lines or from inhabited buildings, and where on a 

ProPertY a coop maY be located, 

d. construction requirements for coops or chicken "tractors", 

e. disallow anY slaughtering, 

f. restrict the sale of eggs, 

g. require no nuisance to be created, 

h. require that no excrement be allowed to accumulate allowing an 

objectionable odour to exist, 

i. require immediate attention by a veterinarian, should a hen become sick or 

where a communicable disease may be present, 

5. With any change to a regulatory function within a municipality there is an impact on 

staff througn aãOeO enfõrcement. ln addition, further demands for service, and for 

proactive énforcement in the areas of Parks and Public Safety, have added 

stresses to enforcement staff to maintain service levels. 

6. lf Council wishes to undertake a bylaw dealing strictly with urban hens, draft 

regulations are included in Attachment 2. 


1. Draft copy of updated Animal and Poultry Regulation and Animal Pound Bylaw 

from Kelowna 

2. Proposed Urban Hen regulations 

3. proposed Fees and Charges bylaw amendment for Urban Hen Permit 

4. Examples of coop construction and chicken Tractors. 

C. Policv(Existinq/Relevance/Noneì: 

1. None 

D. Relevant Historv: 

The Bylaw Division periodically has complaints regarding "livestock" or "poultry" in 

violation of the City's bylaws. Without impound powers, additional staff time and 

resources "r" 

rp"nt in ðealing with these issues, and there is a delay in response 

times to the pubiic, as in many cases we may have to wait for a Court date. 

E. Committee/BoardRecommendations: 

N/A 

F. Reasons for Bvlaw: 

Council request 

G. Resources: 

107

-4- 

Enforcement will require additional staff time. Management and administrative time 

will be required to liaise with a pound keeper, and for contract administration. 


Estimated $6,000.00 a year in costs to contract to run a livestock pound. Estimated 

$400.00 in permit fees (20 properties with 4 hens a piece). 

Prepared by: 

, Manâger - Bylaw Enforcement s, CAO 

Division l,ti^n 9"1-A6- 

n Regular 

n ln-Camera/COW 

tr lnformation ltem 

tr Agenda Addenda 

Date: 

Date: 

Date: 

Date: 

Item # 

Item # 

Item # 

Item # 

REVIEWED WITH 

E gylaw & Licences 

D clert< 

fl Economic Dev. 

n ncn¡p 

! au¡lo¡ng & Bylaws 

n Human Relations 

REVIEWED WITH 

n Environment 

! Facilities 

n Finance 

! rire 

! cvs - Parks 

n ut¡lities 

REVIEWED WITH 

n Puotic works 

n Planning 

n Engineering 

E Transit 

E cvs - water 

required as an addendum to the reporl 

m :\work in progress\animal control\report tO CO U nCi I' d OCX 

r_ 08

-5- 

ATTACHMENT 1 

CITY OF VERNON 

BYLAW NO. XXXX 

ANIMAL AND POULTRY REGULATION AND ANIMAL POUND BYLAW 

A bylaw pursuant to Part 2, Division I of the Gommunity Charterto 

regúlate ine fe"ping of horses, cattle, sheep, goats, swine, rabbits 

and other animals 

WHEREAS it is deemed desirable to regulate the keeping of animals and poultry in the City of 

Vernon; 

AND WHEREAS it is deemed advisable to establish and regulate an Animal Pound in the City of 

Vernon; 

AND WHEREAS it is deemed desirable to prohibit the running at large of animals and poultry 

within the CitY of Vernon; 

NOW THEREFORE, the Municipal council of the city of Vernon, in open meeting assembled, 

enacts as follows: 

1. DEFINITIONS 

ln this bylaw, unless the context othen¡vise requires: 

"anima!" means any cattle, horse, sheep, swine, goat, guinea pig or poultry. 

,,Brand lnspector" means any lnspector appointed under the Livestock ldentification Act, 

Chapter 271 , R.S.B.C. 1996 as amended. 

"@!!þ" means any bull, cow, ox, heifer, steer or calf' 

uejlyu means the City of Vernon or the area within the municipal boundaries thereof as the 

context maY require' 

,,@unc!!" means the Municipal council of the city of Vernon. 

,,Manager of Finance" means the person appointed as such by the Municipal Council from 

time to time. 

109

-6- 

"|-!orse" means any horse, mare, gelding, colt, filly, ass or mule' 

,,Household Pets" means up to 3 of any species of cats, dogs, rabbits, or other small 

animals able to be accommodated within a premise' 

,,lnpounded" means seized, delivered, received, or taken into the Pound or in the custody 

of the Poundkeeper as provided herein' 

,,þ,1!,' means the smallest unit in which the land is designated as a separate and distinct 

parcel on a legally recorded plan or description filed in the Land Title Office' 

,,@r" in respect of any animal, includes possessor or harbourer. 

"ownec[" means possessed or harboured' 

,,¡>erson" means an individual but shall be construed as meaning the plural, masculine, 

felninine, body politic or corporate where the context may require. 

"&Ul!¡y" means any domestic fowl, turkey, goose, duck, or pigeon' 

,,¡¡ound" means any building, enclosure or place established as such, by the Council from 

t¡me to t¡me, for the keeping of animals impounded under this bylaw' 

,,¡round&_æf" means the person appointed from time to time by the Co_uncil for the 

p"rp"r" of "rforcing 

and carrying out the provisions of this bylaw, and shall include any 

assistant poundkeeper appointed pursuant to the provisions of this bylaw. 

,,@!!" means any non-native rabbit, including rabbits kept as domestic pets, farm 

animals, or feral rabbits." 

,,Rabbit Warren" means any site where rabbits tunnel, or a site which harbours rabbits, 

inc¡lding but not necessarily limited to piles of logs, rocks or debris." 

'Run or Runninq at Larqe" when used with reference to any animals means being 

elsewhere than on the premises of a person owning or having the custody, care or control 

of said animal and not being under the immediate charge and control of a responsible and 

competent Person. 

,,SÍ@" means any building, shed, stable, or other type of housing used for the shelter 

or enclosure of animals' 

,'Zone 

or Zones" shall have the same meaning and classification as contained and 

identified in the Zoning BYlaw. 

"Zoninq Bvlaw" means the city of Vernon Zoning Bylaw No. 5000. 

The words herein shall be construed as meaning singular or plural, and masculine or feminine, 

wherever the context so requires' 

110

-7 - 

2. 

REGULATIONS 

(a) Except as ou¡ined in this section, the keeping of animals.and.poultry other than 

household pets is prohibited in all Zones in the City. The keeping of animals and 

poultry, *h"n p"ttitt"d in the Zoning Bylaw, shall comply with the following 

restrictions: 

(i) ln the A1, A2, A3 zones, as defined in the Zoning Bylaw, where the lot is less 

lhan/zacre (.20 ha.) in area - two (2) rabbits are permitted. 

(ii) ln the A1, A2, A3zones, as defined in the Zoning Bylaw, where the lot is 

more than lz acre (.20 ha.) but less than 1 acre (.a0 ha.) in area - ten (10) 

rabbits or ten (10) poultry or a combination thereof are permitted. 

(¡i¡) ln the A1, A2, A3 zones, , as defined i 

' 

more than 1 acre (.40 ha.) but less than in area - 

horse, or one (1) cow, or one (1) steer, 

one (i) other'large animal; plus then 

combination thereof are permitted' 

where the lot is 

one (1) 

one (1) sheep' or 

(10) poultry or a 

(iv) In the A1, A2, A3 zones, as defined in the Zoning Bylaw, where the lot 

exceeds 2 acres (.S1 ha.) in area - not more than two (2) animals consisting 

of horses, cattle, sheep, ôr goats, or a combination thereof, plus twenty (20) 

rabbits or twenty (20) poultry, or a combination thereof are permitted. 

(v) ln the A1, A2, A3 zones, as 

than 1 acre (.40 ha.) and le 

animals and þouftry 

is unlimited 

in 

bylaw where the lot is more 

a') in area - the number of 

the Zoning Bylaw' 

(v¡) ln the A1, A2, A3 zones, as defined in the Zoning Bylaw, where the lot is 

more than 2 acres (.S1 ha.) in area, the number of animals and poultry is 

unlimited except as outlined in the Zoning Bylaw'" 

(b) Accessory buildings or structures used to shelter or house animals or poultry with 

the exception of hóusehold pets, shall be a minimum of fifty (50) feet (15'24 metres) 

from any building used for residential purposes located on the same lot. 

(c) Accessory buildings or structures used to shelter or house animals or poultry with 

the exception of hóusehold pets, shall be a minimum of fifty (50) feet (15.24 metres) 

from any front, side, or rear lot line of the lot it occupies. 

(d) Animals and poultry shall be kept enclosed by secure fences or corrals. 

(e) Accessory buildings and structures used to shelter or house animals or fowl (with the 

exception of household pets) shall be situated not less than one hundred (100)feet 

(30.48 metres) from allwells and streams' 

111

-8- 

(Ð 

(g) 

(h) 

(¡) 

ü) 

No person shall keep swine, male goats, or more than four (4) guinea pigs on any lot 

in the City, unless the lot is assessed as "Farm Land" as defined in the Community 

Charter. 

No person shall keep bee hives on a lot within the City of Vernon, except as 

authourized under the City of Vernon Bee Keeping Bylaw #4987. 

No owner or occupier of property shall have or keep a rabbit on his property except 

confined in a secure, enclosed structure. 

No person shall sell or give away rabbits that have not been spayed or neutered. 

An owner or occupier of property shall remove or modify any rabbit warren on the 

property, so as to prevent the harbouring of any rabbits. 

3. 

ESTABLISHMENT OF POUND 

(a) 

(b) 

The Council may, from time to time, enter into an agreement with any person for the 

provision of a Municipal Pound on private property' 

The Council shall, from time to time, as the occasion may require, appoint a 

poundkeeper by resolution and such assistant or assistants as deemed necessary, 

and may authoiize the entering into of a contract or agreement with any person to 

provide such poundkeeping services. 

4. IMPOUNDING OF ANIMALS 

(a) 

(b) 

(c) 

No person or owner shall suffer, permit or allow his animal or rabbit, or an animal or 

rabbit over which he has control, to run at large, stray, depasture or trespass on any 

street, lane, highway, boulevard, park or public place within the City. 

No person shall suffer, permit or allow his animal or rabbit, or an animal or rabbit 

ovei which he has control, to trespass on private property within the City or to graze 

on unfenced land within the City unless such animals are securely tethered, and no 

person shall release any animal or rabbit from an enclosure or tether, leave any gate 

open, or remove, cut or break any fence so as to release any animal or rabbit 

contained therein. 

It shall be lawful for the Poundkeeper, or for any other person, to seize and impound 

any animal or rabbit found running at large or trespassing in or upon any lands or 

prémises or public place contrary to the provisions of this bylaw, or if found 

irespassing in any enclosures or gardens, or any enclosed land within the City of 

Vernon. 

It shall be the duty of the Poundkeeper to notify the Brand lnspector (by telephone or 

in writing), of the impoundment of any branded animal, and to furnish the Brand 

lnspector'with any particulars requested by him in connection with the animal so 

impounded. 

LT2

-9- 

It shall be the duty of the poundkeeper to detain same until the owner thereof shall 

have paid the apþlicable charges incorporated within this bylaw for impoundment 

fees, boarding costs, and any hauling charges resulting from impoundment, as 

follows: 

(i) lmpoundment Charqes 

For impounding any horse, cattle, male sheep, male goat, or male swine over 

one (1) yeat oú $3O.OO each to a maximum of $60'00' 

For impounding any horse, cattle, female sheep, female goat or female swine 

under äne (1) year old $15.00 each to a maximum of $30.00. 

For impounding any rabbit, goose or other poultry, $2.00 each to a maximum 

of $10.00. 

For impounding all other animals a charge at the discretion of the 

Poundkeeper to a maximum of $30.00' 

(ii) Hauling Charges: As established by the Public Utilities Commission for 

transPorting animals' 

(i¡¡) Boarding Charges: 

For each horse, cattle, male sheep, male goat, or male swine over one (1) 

year old: $5.00 Per daY. 

For each horse, cattle, female sheep, female goat or female swine under one 

(1) year old: $3.00 Per daY. 

For each rabbit, goose, or other poultry: $1'00 per day' 

For each other animal: A charge at the discretion of the Poundkeeper to a 

maximum of $5.00 Per daY. 

(d) The charges contained within Section 4(c) of this bylaw shall be assessed per 

impoundment occurrence by the Poundkeeper, and monies due thereof shall be 

payable to the PoundkeePer. 

payment of such charges shall be made directly to the Poundkeeper who is hereby 

authorized to receive same, and who shall be responsible for ensuring such monies 

are recorded and reported to the City not later than the last day in the month during 

which charges were received and recorded by him' 

The poundkeeper shall not release any impounded animal or rabbit without 

receiving in cash the said charges, and lre shall furnish a receipt to the payee of 

such charges. 

113

-10- 

(e) ln the case of milk cows or goats impounded the Poundkeeper shall, at least twice 

each day, milk each animal and for so doing, shall be entitled to keep for his own 

use and disPosal, milk so obtained' 

(f) lt shall be the duty of the Poundkeeper to provide and supply with proper shelter and 

' 

good and sufficient food and water daily all animals and rabbits detained by him as 

PoundkeePer, at his own expense. 

(g) lt shall be the duty of the Poundkeeper to request the attendance of a veterinarian, 

to any impoundeá animal or rabbit who, if in the opinion of the Poundkeeper, is 

suffering irom any injury, disease or sickness, or from any other cause. The 

poundkeeper shali be-eniitled to demand and receive from the owner, if known, the 

amount equivalent to the veterinary charges for professional services and 

attendance call administered to such animal or rabbit, or such expenditure is to be 

realized from the City of Vernon for animals or rabbits whose owner cannot be 

located. The pounókeeper may permit such suffering animal or rabbit to be 

destroyed. 

5. 

NOTICE OF IMPOUNDING 

(a) lf the owner of any impounded animal or rabbit is known to the Poundkeeper, the 

poundkeeper shall forthwith telephone, deliver or mail to the address of the owner, a 

notice, dulY comPleted, as follows: 

owner so notified does not, within three (3) 

oning of the notice referred to in clause one 

ease the animal or rabbit so impounded by 

s bylaw hereof, the Poundkeeper shall cause 

rm as shown in Schedule A: 

The Notice described in herein shall be posted at the Pound and on the Notice 

Board at City Hall, and if considered advisable by the Poundkeeper, by publication in 

one issue of a newspaper circulating in the City of Vernon' 

The said Notice shall be so posted at least six (6) clear days before the day of sale 

named thereon. More than ône (1) animal or rabbit may be included in such Notice 

and the wording of the Notice amended accordingly to merit the circumstances. 

6. 

SALE OF IMPOUNDED ANIMALS 

(a) Every owner or other person entitled to the possession of an animal or rabbit which 

has been impounded as aforesaid shall forthwith upon being notified or become 

aware of such impounding redeem the animal or rabbit in accordance with the 

provisions of this bylaw, orthould the Pound be broken and the animal or rabbit get 

out or in any *"y .r."pe therefrom and get back to the possession or custody of the 

owner o¡. 

"ny 

p-"tron claiming the said animal or rabbit, the said owner or other 

IL4

-11 - 

person shall still be liable for the payment of any impoundment, boarding or haulage 

charges due and payable under this Bylaw' 

(b) Where any impounded animal or rabbit has not been claimed in accordance with the 

provisions of in¡s bylaw, the Poundkeeper shall take whatever action necessary to 

sell such animal or-rabbit by public auction on the day named in the Notice issued 

pursuant to Section 5 herein, as follows: 

(i) Under this Section, any horse, cattle, male sheep, male goat or male swine 

à'pparenly over one (1) yeár old may be sold at such public auction as the 

päundkeeper may arrangs for, subject to approval of this particular auction by the 

Manager of Finance. 

(ii) Under this Section, any horse, cattle, female sheep, female goat, or female 

swine apparently under one (t) year old, and any goose, rabbit or poultry is to be 

sold by public aúction at the Pound, the Poundkeeper shall be the auctioneer. 

(iii) The poundkeeper shall neither in person nor by his agent purchase any 

animal or rabbit at a sale under this Section, or have any interest of any kind in any 

animal or rabbit so Purchased. 

(c) (i) lf more than one (1) animal or rabbit is impounded and the owner thereof is 

kño*n, the poundkeeper s'hall not sell or cause to be sold any more of such animals 

or rabbits after there has been realized from the sale sufficient to satisfy the charges 

due against the animals or rabbits under this bylaw, and the owner of the animals or 

rabbits shall be entitled to those remaining unsold' 

(i¡) lf the owner of the animals or rabbits is unknown, the Poundkeeper shall sell 

all the animals or rabbits impounded. 

(e) The poundkeeper shall be responsible for providing the Manager of Finance with a 

statement of àny public auction held under this section, which shall contain a 

description of thô animal or rabbit sold, the date of sale, the amount of monies 

realized, and such monies shall be turned in to the City no later than the last day of 

the month in which such public auction took place' 

(f) Where at any public auction held pursuant to this Section, no bid is received for the 

impounded ánimal or rabbit to be sold or where a bid received is less than the 

charges due under this bylaw, the Poundkeeper may, at his discretion, sell it at 

private sale, and if in the opinion of the Poundkeeper, it is impossible to dispose of 

such animal or rabbit for valuable consideration, the Poundkeeper may cause such 

animal or rabbit to be humanely destroyed or othen¡vise disposed of. 

(g) lf the proceeds from the sale or other disposal of any animals or rabbits aforesaid 

shall not be sufficient to satisfy the amount chargeable thereon as hereinbefore 

provided, then the owner or other person entitled to the possession of the animal or 

rabbit shall pay the balance and may be sued therefore at the insistence of the 

PoundkeePer. 

115

-12- 

7. PROCEEDS OF SALE 

The proceeds of the sale of any impounded animal or rabbit sold under the provisions of 

this bylaw shall be fonryarded tó tfre Manager of Finance, who shall apply payment from 

same as follows: 

(a) Towards costs and charges attending the sale' 

(b) Towards outstanding charges accruing under this bylaw. 

(c) The residue, if any, shall be paid over to the owner of the animal or rabbit sold, 

providing *i¡tt"n ãpplication is made to the Manager of Finance within three (3) 

months irom the date of sale; otherwise such money shall form part of the General 

MuniciPal Revenue. 

8. GENERAL PROVISIONS 

(a) The Manager of Finance shall ensure that the Poundkeeper is furnished with Animal 

pound Log Sheets, to be submitted to the Manager of Finance from the 

poundkeepä, on or before the last day in each month, together with any monies 

received by the Poundkeeper under this bylaw' 

(b) The poundkeeper shall record on the said Animal Pound Log Sheets details of all 

actions undertåken by him relating to complaints, investigations, impoundments and 

collection of charges, including dãtes, names and addresses of persons involved, 

mileage and haulage, and disposition of each action' 

(c) The pound shall be kept open for the Public for the transaction of business on an asrequired 

basis. 

(d) lf the PoundkeePer: 

(¡) demands or receives any sum other than that authorized by this bylaw; 

(ii) fails to pay over to the Manager of Finance any money held by him 

under the Provisions of this bYlaw; 

(iii) neglects to provide food or water for any animal or rabbit or works or 

uses the same in any manner while so impounded; 

(iv) neglects to properly milk any milk-cow or milk-goat while such cow or 

goat is impounded; 

(v) omits or neglects to keep records and make entries therein as required 

by this bylaw; 

(v¡) knowingly allows any animal or rabbit infected with any contagious or 

infectioúé disease to be in the same enclosure with any impounded 

animal or rabbit not so infected; 

116

_13_ 

(vii) fails to give any notice required by this bylaw; 

(viii) neglects to do anything required by this bylaw to be done whereby 

damage is incurred bY anY Person; 

he shall, in addition to any civil liability which he may incur by reason thereof, be 

guilty of an infraction of the bylaw' 

9. PENALTY 

(a) Any person who violates any of the provisions of this bylaw or who suffers or permits 

any äct or thing to be done in contravention of this bylaw, or who neglects to do or 

refrains from dóing any act or thing which is required by any of the provisions of this 

bylaw, shall be deèmed to have violated the provisions of this bylaw. 

(b) Any person who violates a provision of this Bylaw is guilty of an offence and is liable 

to a iine and penalty of noi less than $100.00 and not more than $10,000.00 upon 

summary conviction. 

10. REPEAL 

sections 11 and 12 of The city of Vernon sanitation bylaw 

11. CITATION 

This bylaw may be cited as "City of Vernon Animal and Poultry Regulation and Animal 

Pound Bylaw No. XXXX"' 

12. EFFECTIVE DATE 

This bylaw shall come into full force and effect and be binding on all persons as and from 

the date of adoPtion. 

READ A FIRST TIME this xx day of xxxxxx' 2009' 

READ A SECOND TIME this xx day of xxxxxx' 2009' 

READ A THIRD TIME this xx day of xxxxxx' 2009' 

ADOPTED this xx day of xxxxxx' 2009. 

"Wayne LiPPetl" 

Mayor: 

"Patti Bridal" 

Gity Glerk: 

r1,7

GITY OF VERNON ANIMAL POUND 

-14- 

Schedule A 

NOTICE is hereby given, under Bylaw No. XXXX, being the "Animal and Poultry Regulation and 

Animal Pound Bylaw, that (describe animal or rabbit impounded) 

was 

impounded in the Pound kept by the undersigned at (qive location of pound) 

on the day of 

animal will be sold by public auction 

a.m. (p.m.) on that date. 

- 

, 20-; this 

Phone 

Poundkeeper 

Dated at Vernon, B.C. this 

day of 20 

1r.8

-15- 

ATTACHMENT 2 

Proposed Urban Hen Regulations 

CHICKENS 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

No owner shall allow or permit his or her chicken to run at large. 

No person shall keep a rooster except as an agricultural use within an agricultural zone as 

established by the Zoning BY-law. 

The maximum number of chickens permitted on a lot shall be 4. 

Æl chicken coops shall be located only in the rear yard and must fully enclose the chickens 

and prevent them from escaping. Chicken tractors may be used to move chickens to new 

areas for foraging during the daytime. 

The chicken coop shall be designed and constructed to ensure proper ventilation and 

sufficient space for the chickeñs and maintained in accordance with good animal 

husbandry practices and shall keep all vermin out. In addition, coops will be constructed in 

such a manner that a person may easily access the coop to remove feces, clean nest 

box's, etc... 

All dead chickens must be disposed of immediately and in any event, within 24 hours' 

There must be hygienic storage of and prompt removal of chicken feces. 

The chickens'food supply must be protected against vermin. 

All lots housing chickens must have: 

a) single family detached dwellings on them; 

b) a frontage of at least 12 meters; and, 

c) a depth of at least 20 meters' 

The chicken coop shall be located at least 1 meter from the rear lot line of the lot on which 

the chicken coop is located if the property line is 23 meters from any neighbouring premise, 

or 3 meters from the rear lot line if tirat distance can not be met or the neighbouring lot is 

vacant. 

The chicken coop shall be located at least 3 meters from any side lot line of the lot on 

which the chicken coop is located. 

No person shall keep chickens unless registered with the Manager - 

Bylaw Enforcement or 

designate and upon paying the required fees and charges, as outlined in the City's Fee's 

and Charges BYlaw. 

ln the event the owner of chickens suspects they are infected with a communicable 

disease, the owner shall immediately consult a veterinarian licensed to practice in British 

Columbia to diagnose the condition. lf the diagnosis confirms that the chickens are infected 

with a commuñicable disease, the owner srrall immediately notify the Public Health 

óãpartrent of lnterior Health and comply with any direction which may be issued by a 

Public Health lnspector in this regard. 

119

-16- 

ATTACHMENT 3 

FEES AND CHARGES BYLAIM AMENDMENT 

. For each chicken that forms part of the Urban Hen regulations under the Animal Control 

Bylaw-$s.ooperhen/year

-17- 

ATTACHMENT 4 

Examples of Chicken Tractors: 

t2L

-18- 

Examples of Chicken CooPs: 

t22



A bylaw for the levying of rates for Municipal, 

Hospital, Regional District and Specified Area 

purposes for the Year 2009 

WHEREAS Section 197 of the Communitv Charter requires the Council to adopt a 

bylaw to impose taxation rates; 

NOW THEREFORE the Gouncil of The Corporation of the Gity of Vernon, in open 

meeting assembled, enacts as follows: 

1. The following rates are hereby imposed and levied for the year 2009: 

a) For all lawful general purposes of the Municipality on the assessed value of 

land and improvements taxable for general Municipal purposes, rates 

appearing in Row "A" of Schedule "4" attached hereto and forming part of this 

bYlaw. 

b) For purposes of the Regional Library Board on the assessed value of land 

and improvements taxable for General Municipal purposes, rates appearing in 

Row "8" of Schedule '4" attached hereto and forming part of this bylaw. 

c) For hospital purposes on the assessed value of land and improvements 

taxable for Regional Hospital District purposes and for North Okanagan 

(Columbia Shuswap) Regional Hospital District purposes, rates appearing in 

Row "C" of Schedule "4" attached hereto and forming part of this bylaw. 

d) For purposes of the Regional District of North Okanagan on the assessed 

value of land, improvements or land and improvements taxable for Regional 

HoSpital DistriCt purposes, rateS "D1", "D2" and "D3" respeCtively, appearing 

in Row "D" of Schedule "4" attached hereto and forming part of this bylaw. 

e) For "Vernon Fire Protection Specified Area" purposes, on the assessed value 

of improvements taxable for general Municipal purposes, rates appearing in 

Row "E" of Schedule "A" attached hereto and forming part of this bylaw. 

f) For "Okanagan Landing Fire Protection Specified Area" purposes, on the 

assessed value of improvements taxable for general Municipal purposes, 

rates appearing in Row "F" of Schedule "4" attached hereto and forming part 

of this bylaw. 

L23

PAGE 2 


s) 

h) 

¡) 

For Specified Area Silver Star Foothills purposes on the lot size basis, rates 

per hectare appearing in Row "G" on Schedule "4" attached hereto and 

forming part of this bylaw. 

For BIA Primary Specified Area purposes on the assessed value of land and 

improvements of general purposes within the Specified Area, rates appearing 

in íìow "H" of Schedule "4" attached hereto and forming part of this bylaw. 

For BIA Secondary Specified Area purposes on the assessed value of land 

and improvements for general purposes within the Specified Area, rates 

appearing in Row "1" of Schedule "A" attached hereto and forming part of this 

bylaw. 

For Blue Jay Local Sewer Service Area purposes, a parcel tax on each 

property withln the service area at the rate appearing in Row "J" of Schedule 

"4" attached hereto and forming part of this bylaw' 

k) 

For 46th Avenue Specified Area purposes on the parcel size basis, rates per 

Square meter appearing in ROw "K" On Schedule "4" attached heretO and 


For Downtown Revitalization lmprovement Specified Area #1 and Loan 

Authorization Bylaw #/;624 purposes on the frontage basis, rates appearing in 

Row "L" on Schedule "4", attached hereto and forming part of this bylaw. 

m) For Downtown Revitalization lmprovement Specified Area #2 and Loan 

Authorization Bylaw #4;625 purposes on the frontage basis, rates appearing in 

Row "M" on Schedule "4", attached hereto and forming part of this bylaw. 

n) For Downtown Revitalization lmprovement Specified Area #3 and Loan 

Authorization Bylaw 114628 purposes on the frontage basis, rates appearing in 

Row "N" on Schedule "A", attached hereto and forming part of this bylaw. 

o) For Okanagan Hills Specified Area Loan Authorization #4889 purposes, on a 

parcel size basis, rates per acre appearing in Row "O" on Schedule "4", 

attached hereto and forming part of this bylaw. 

p) For Anderson Subdivision Road Specified Area and Loan Authorization Bylaw 

H73g purposes, on a parcel size and frontage size basis, rates appearing in 

Row "P" on Schedule'A", attached hereto and forming part of this bylaw. 

q) For North Okanagan Regional District Septic Parcel tax purposes, on a parcel 

basis, rateS appearlng in Row "Q" on Schedule "4", attached hereto and 


L24

PAGE 3 


r) For Tronson Road Specified Area purposes, on a parcel basis, rates 

appearing in Row "R" on Schedule "4", attached hereto and forming part of 

this bylaw. 

s) For Okanagan Landing Area #1 Specified Area purposes, on a parcel size 

and frontage size basis, rates appearing in Row "S" on Schedule "4", 

attached hereto and forming paÌ1 of this bylaw. 

2. The minimum amount of tax levy upon a parcel of real property shall be One 

Dollar ($1.00¡ 

3. For the purposes of Section 237 of the Community Charler, the tax notice will 

provide ior a tax due date of July 2, 2OOg and a 10% penalty for all taxes unpaid 

as of that date. 

4. This bylaw may be cited as "Tax Rates Bylaw Number 5192,2009'. 

READ A FIRST TIME this 14rH day of April, 2009 

READ A SECOND TIME this 14rH day of April, 2009 

READ A THIRD TIME this 14rH day of April, 2009 

RESCIND THIRD READING this 27rH day of April, 2009 

THIRD READING, AS AMENDED this 27th day of April, 2009 

ADOPTED this 

-rH 

daY of , 2009' 

Mayor 


I25

2009 


2009 TÆ( RATES (per $1,000 of taxable value) 

SCHEDULE "A' 

Attached hereto and forming 

pañ of Bylaw# 5192 

ROW 

TAXING JURISDICTION 

RESIDENTIAL 

SUPPORT 

UTILITY HOUSING INDUSTRIAL 

LIGHT 

INDUSTIAL 

BUSINESS 

MANAGED SEASONAL 

FOREST /RECR. FARM 

A GENERAL MUNICIPAL 

2.51913 37.5092 

2.5191 

8.5155 

8.5155 

7.6865 

0.6690 

3.4824 0.6902 

ALL 

B LIBRARY BOARD 

0.1561 2.3243 

0.1561 

o.5277 

o.5277 

o.47e3 

0.04'15 

0.2158 0.0424 

ALL 

C HOSPITAL BOARD 

0.1855 0.6494 

o.7421 

0.6308 

0.6308 

0.4546 

0.5568 

0.'t 855 0.1855 

ALL 

D REGIONAL DISTRICT -RATE'D1" 

REGIONAL DISTRICT .RATE "D2" 

REGIONAL DISTRICT -RATE'D3" 

o.o472 0.1651 

1 .9196 6 7'186 

0.1416 0.4355 

0.1 887 

7 67f3/. 

0.5663 

0.'t603 

6.5267 

0.4813 

0.1603 

6.5267 

0.48'13 

0.1 I s8 

47030 

0.3468 

0.1415 

5.7588 

o.4247 

o.o472 0.0472 

1.9198 1 9196 

0.1416 0.1416 

I.AND 

IMPR 

ALL 

E FIRE -'OLD" CITY 

0.0048 0.0713 

0.0048 

o.0162 

0.0162 

0.0146 

0.0013 

0.0066 0.0013 

IMPR 

F FIRE - OK LÂNDING 

0.0048 0.0713 

0.0048 

0.0162 

0.0162 

0.0148 

0 00'13 

0.0066 0.0013 

IMPR 

G SS FOOTHILLSSPEC. 

AREA PER HECTARE 

'1,'t09.23 1,109 23 1,109.23 1j09.23 

1,109.23 

1,',1os.23 1,109.23 

1j0923 1109 23 

PER/HEC 

H BIA PRIMARYAREA 

I 

BIASECONDARYAREA 

N/A 1.8599 1.8599 1.8599 

N/A 1.1372 1.1372 1.1372 

1.8599 

1.1372 

1.8599 N/A 

'1.1372 

N/A 

N/A 

N/A 

N/A 

N/A 

ALL 

ALL 

J BLUE JAY PARCEL - SEWER 

133.58 133.58 133.58 133.58 

133.58 

133.s8 133.58 

133.58 133.58 

PARCEL 

K 48th AVENUE SPECIFIED AREA 

PER SQUARE METER 

1214 1.214 

1.214 

1.214 1.214 

1.214 1.214 

1.214 1.214 

PER/SQ M 

L DOWNTOWN REVITE #1 

265002 26.5002 

26.5002 

26.5002 2A.5002 

26.5002 2A.500.2 

26.5002 2ø.5002 

FRONTAGE 

M DOWNTOWN REVITE#2 

19.9381 19.9381 

19.9381 

19.9381 19.938'.1 

'19.9381 19.9381 

1S.9381 19.9381 

FRONTAGE 

N DOWNTOWN REVITE#3 

39.4415 39.4415 

3e.4415 

39 4415 39.4415 

39.4415 39.4415 

39.4415 39.4415 

FRONTAGE 

O OKANAGANHILLSSPEC.AREA 

0.0334 0.0334 

0.0334 

0.0334 0.0334 

0.0334 0.0334 

0.0334 0.0334 

PERYSQ M 

H 

N) 

Or 

P ANDERSON 

OTHER FRONTAGE 

OTHERAREA 

SEWER FRONTAGE 

SEWERAREA 

A NORD SEPTIC 

R TRONSONROAD 

S OKANAGANLDG#1 

204.054 204.054 

0.875 0.875 

0.776 0.776 

0.0035 0.0035 

51.48 il.44 

597.825 597.825 

0.0557 0.0557 

4.9107 4.9107 

G:\Flnance\BUDGET (ell years)\BUDGET 2oo9\2q)g Til Rat€s\BYLAW RATES FINAL og'xl8x 

204.O54 

0.875 

o.776 

0.0035 

il.44 

597.825 

0.0557 

4.5107 

204.054 204.054 

0.875 0.875 

0.776 0.774 

0.0035 0.0035 

s1.48 g.4a 

597.825 597.825 

0.0557 0.0557 

4.9107 4.9107 

204.O54 

0.875 

o.776 

0.0035 

51.48 

597.825 

0.0557 

4.5107 

204.O54 

0.875 

o.776 

0.0035 

í.44 

557.825 

0.0557 

4.5107 

204.054 204.Os4 

0.875 0.875 

0.776 0.774 

0.0035 0.0035 

51.48 5í.48 

597.825 597.825 

0.0557 0 0557 

4.9107 4.5107 

FRONTAGE 

AREA M2 

FRONTAGE 

AREA M2 

PARCEL 

PARCEL 

AREA M2 

FRONTAGE 

1n112099



A bylaw to amend the "City of Vernon 

Subdivision and Development 

Servicinq Bvlaw #3843, 1992" 

WHEREAS it is the intention of the Council of The Corporation of the City of Vernon to 

amend "subdivision and Development Servicing Bylaw #3843, 1992"; 

NOW THEREFORE the Council of The Corporation of the City of Vernon in open 


Gitation: 

This bylaw may be cited as "subdivision and Development Servicing "Schedules H and 

O" Amendment Bylaw Number 5199, 2009'. 

Amendments: 

1. Replace Schedule 'H' 'Regulations, Standards and Specifications for the Design 

and Construction of Sanitary Sewers' as shown in Schedule 'A' attached to and forming 

part of this bylaw. 

2. Add two new standard drawings to Schedule 'O', as 100-16 and 100-17 as 

shown in Schedule 'C' Attached to and forming part of this bylaw. 

3. Replace Table A.1 in Schedule A - Level of Service to amend Column 6 to 

require underground wiring for all but Agricultural / Small Holdings, as shown in 

Schedule 'G' attached to and forming part of this bylaw. 

t27


4. Subdivision and Development Servicing Bylaw #3843, 1992 is hereby ratified 

and confirmed in every other respect. 

READ A FIRST TIME this 27th day of April, 2009. 

READ A SECOND TIME this 27th day of April, 2009. 

READ A THIRD TIME this 27th day of April, 2009. 

ADOPTED this day of , 2009. 

Mayor 


L28

SCHEDULE'A' 

Attached to and Forming Part of 

Bylaw 5199 

Schedule H - Regulations, Standards and Specifications for the lnstallation of 

Electrical and Communications Wiring and Gas Distribution Systems 

SCHEDULE H 

REGULATIONS, STANDARDS AND SPECIFICATIONS FOR THE 

INSTALLATION OF ELECTRICAL AND COMMUNIGATIONS WIRING AND 

GAS DISTRIBUTION SYSTEMS 

This is Schedule H of the City of 



CiÇ Clerk 

L29

SCHEDULE'A' 


Bylaw 5199 


Electrical and Communications Wiring and Gas Distribution Systems 

SCHEDULE H - BYLAW NO. 3843 

REGULATION, STANDARDS AND SPECIFICATIONS FOR THE 

INSTALI.AT¡ON OF ELECTRICAL AND COMMUNICATIONS W¡RING 

AND GAS DISTRIBUTION SYSTEM 

1.0 GENERAL 

Standards and Specifications to Apply to All Electrical and Communication 

Works 

1.01 The objective of this section of the bylaw is to ensure that all development is 

provided with electrical, telephone, cablevision and natural gas service as 

necessary to support the development in a sustainable manner that improves or 

enables the future improvement of the streetscape. Electrical, telephone, 

cablevision and natural gas systems shall be provided to serve each lot within 

the subdivision consistent with the standards and specifications set out in this 

Schedule and Schedule A. The City does not support the use of overhead utility 

service within City limits for new development or re-development. Wherever 

possible existing overhead systems are to be removed and replaced with 

underground utility systems. Where existing overhead service is present but no 

underground utility service is available all servicing of the proposed development 

must be underground. This includes all works required to service the 

development which may be suspended from overhead poles including 

transformers. All utility servicing from overhead systems must be designed to 

enable the future removal of the overhead systems and their replacement with 

underground systems with minimal or no disturbance to users. Where overhead 

systems remain in place installation of approved conduit or carrier pipe for future 

ulitity use in the designated utility corridors along the frontage is required unless 

the City Engineer waives this requirement due to limited potential for use during 

the materials anticipated service life. Road crossing conduit and or carrier pipe is 

also required as part of any road construction where underground servicing is 

anticipated within the service life of the road structure 

Approval of Enoineerino Drawinos Required Prior to Construction 

1.02 Any utility works proposed in existing City road ROW's must be submitted by the 

utillty company directly to the City Engineer for approval. Any utility works 

proposed in new road ROW's for development must be submitted by each utility 

company to the project engineer for inclusion in the subdivision design plans. 

The project engineer must submit a plan showing all utilities, the associated 

surface works and underground alignments, ensuring no conflict with other 

works. The composite detailed design of the proposed works shall be submitted 

by the project engineer to the City Engineer for acceptance aspart of the overall 

pioject design. No construction of the works shall commence until the design 

drawings have been approved by the City Engineer. The engineering drawings 

130

SCHEDULE'A' 


Bylaw 5199 

Schedute H - Regulations, Standards and Specifications for the Installation of 

Electricãl and Gommunications Wiring and Gas Distribution Systems 

shall clearly indicate the locations of poles, structures, conduits, pipes and any 

other facilities required. Standard drawings 100-16 & 100-17 provide the typical 

utility corridors supported by the City that are to be the basis for the integration of 

thesê services as'part of the overall roadway design. Variations of offset for each 

corridor from typical may be necessary to address site specific circumstances 

but must be suþported by all utility companies prior to submission to the City. 

Construction ln Compliance With Enoineerino Drawinqs 

1.03 All poles, structures and facilities shall be constructed or installed in compliance 

with the engineering drawings approved by the city Engineer. 

Construction ln Accordance With B.C. Hydro, Telus, 

Shaw Cablesystems and Terasen Gas. Requirements 

1.04 Electrical, Telephone and Gablevision services shall be installed in accordance 

with the requirements of the B.C. Hydro, Telus, Shaw Cable and the lnspector of 

Electrical Energy of the Province of B.C. Natural gas distribution works shall be 

instalted in accordance with the requirements of Terasen Gas' 

Underoround Electrical Svstems 

1.OS Underground systems shall include the supply and installation of all necessary 

condui-ts, wiring, transformers, service runs and connections for a complete and 

fully operative underground electrical system as laid out by B.C. Hydro and 

approved by the lnsþector of Electrical Energy of the Province of B.C and 

accepted by the CitY Engineer. 

Underqround lnternet. Telephone and Cablevision 

1.06 Underground communication systems, internet, telephone and cablevision shall 

indudé the supply and installation of the necessary conduits, wiring, service runs 

and connections lor a complete and fully operative underground telephone and 

cable systems as laid out by Telus and Shaw Cablesystems and accepted by the 

City 

Gas Distribution Svstem 

1.07 Natural gas distribution system shall include the supply and installation of the 

necessary conduit and main line tubing for a complete and fully operative main 

line as laid out by Terasen Gas and shall be accepted by the City Engineer prior 

to the constructión and installation of such a system. All mains forming part of a 

natural gas distribution system shall be buried at a minimum depth of 600 mm. 

The syJtem or extension shall be installed following installation of sewer and 

water mains. Rehabilitation of boulevards shall be the responsibility of the 

Applicant. Conduit is required adjacent to all structures that may be disturbed 

131

SCHEDULE'A' 


Bylaw 5199 


Etectrical and Communications Wiring and Gas Distribution Systems 

during installation of the gas system such as curb & gutter, sidewalk and roads, 

fire hydrants, other utility conduit or transformer counterpoise. 

2.0 DESIGN CRITERIA 

Horizontal Location 

2.01 Typical horizontal line assignment for all shallow utilities shall be as per Standard 

Drawings 100-16 or 100-17. The minimum separation between BC Hydro 

conduiland other conduits is 0.3m. The minimum separation between Terasen 

gas mains and other conduits is 0.3m. Horizontal location relative to other road 

works and major utilities shall be as shown on Standard Drawings No. 100-1 to 

l 00-6. Where existing overhead utilities are present and proposed to be 

replaced with underground conduit, the ultimate location/alignment of the conduit 

is to be proposed by utility company and approved by the Gity Engineer. Where 

overhead lines vary from one side of the road to the other underground line 

assignment is to be based on best provision of current and future service along 

that road. Systems shall be laid out with due regard for other utilities, and shall 

have the approval of the City Engineer as well as the utility company involved. 

Where overhead distribution is specified, pole locations and any anchor 

easements shall be approved by both the City Engineer and the appropriate 

utility company. No design shall be approved that creates an aerialtrespass and 

any revision of existing systems must be designed to reduce the number of 

exis¡ng poles present and eliminate any existing aerial trespass where possible. 

Vertical Location 

Z.O2 All conduit shall have a minimum of 900 mm cover. All gas tubing shall have a 

minimum of 600 mm cover 

Detailed Desiqn 

2.03 Details of design such as vertical and horizontal location of service boxes, size 

and type of conduits and gas mains, kiosk dimensions and ducting and all wiring 

details shall be as per specifications and drawings provided by B.C. Hydro, 

Telus, Shaw Cable and Terasen Gas. All maior structures such as ground 

transformers must be sized and located to minimize the number of these 

structures ultimately required. Road right of way design widths must 

accommodate all shallow utility conduits and natural gas mains and may need to 

be increased from the minimum indicated in the standard drawings in this bylaw 

to accommodate this. Site specific right-of-way widening to accommodate larger 

structures may be considered by the City Engineer on a site specific basis. 

3.0 MATERIALS 

B.C. Hvdro 

L32

SCHEDULE'A' 


Bylaw 5199 

schedule H - Regulations, standards and specifications for the lnstallation of 

Electricãl and Gommunications Wiring and Gas Distribution Systems 

3.01 All materials used in the underground or overhead electrical distribution system 

shall be as specified by B.C. Hydro' 

Telus 

3.02 All materials used shall be as specified by the Telus. 

Shaw Cablesystems 

3.03 All materials used shall be specified by Shaw Gablesystems and supplied by the 

Applicant unless otherwise directed by the cablevisic n company' 

Terasen Gas 

3.04 All materials used in the underground natural gas distribution system shall be 

specified oV iãr.r". Gas. Gas-d¡rtr¡brt¡on may be permitted on both sides of 

the roadwãy *nãr" development is present on both sides if requested by 

Terasen Gas and authorized by the City Engineer' 

4.0 woRKll,lANSHlP 

Underqround lnstallation 

4.01 lnstallation requirements such as trenching, installation of ducting and backfilling 

shall be 

"ô.ot'äing 

to specifications supplied by the appropriate utility company 

and C¡ty of Vernon Bylaws. All installations shall conform to Workers 

Gompensation Board reqúirements for excavations. All conduits must be bedded 

and covereã in sand complete with marker tape over the works at 0'3m cover' 

Clean-up 

4.02 All existing infrastructure is to be restored to its original condition, or better, to the 

satisfactio'n oi inã City Engineer' Sidewalk - 

entire p"nát ¡tpacteá Uy ine works' After i 

service uoiés, klosks, etô' tne boulevard a 

debris shall be removed. Any damage to existing structures as the result of 

installation shall be repaired io the õity's satis action. All work sites shall be 

barricaded and or fenced until all suúace restoration has been completed' 

Where this ¡s not possible to complete restoration prior to permitting .nuflic 

access toli"l"nèrål-"t". fencing et'c and the necessary signage, as required.to 

accommoaáte-sate public p"sragé through the area must be maintained untilthe 

restoration has been comPleted' 

for 

¡ng 

all 

r.33

SCHEDULE'A' 


Bylaw 5199 


Electricãl and Communications Wiring and Gas Distribution Systems 

5.0 STANDARD DRAWINGS 

5.01 The following City of Vernon Standard Drawings shall form part of this schedule. 

Drawing No. 

100-1 

100-2 

100-3 

1 004 

100-5 

100-6 

100-16 

100-17 

lndustrial Highway 16.0 m Rightof-Way 

Local Residential Highway 16.0 m Right-of-Way 

Typical Util¡ty Corridors Residential 

Typical Ut¡l¡ty Corridors Commercial 

L34

SCHEDULE'B' 


Bylaw 5199 

Schedule'O'- Drawings for Schedule 'H' 

ù\7 

Þ 

DESEN 1() ENÍIJRE If) 

COilFUgT BETITEÛ{ 

STREEÍ USHÍ & 

J.70 TO CEI-ITER 0F 

PlL 

cs 

t,lroe t¡¡åuLT î1..t 

ûti1,ì 

1.760 lih r .{Þ 

MnlillrM 

cqm 

0,3rn COT NIERPOSE 

O.Sm SrREfÌ LEI+T 

0.9m B,C"I'IYDRO 

O,9m :*lAW CAEIE 

0.0m TELUS PH(ilE 

0,ûrn TERASEN GAS 

O.3m ì|ARI(ER TAPE 

v, 

3 

cl 

e 

P 

āt 

Ei 

TO 1-5{¡ 

4.0m OR GREATER 

BOULEVARD 

(FACE OF CURB 

TO PROPERTY) 

lm.E 

TYPICAL UTIUTY CORRIDORS 

RESIDEI{TIAL 

135

SCHEDULE'B' 


BYlaw 5199 

Schedule 'O'- Drawings for Schedule 'H' 

MINIMUM 

COVER 

0.3m 

0.5m 

0.9rn 

0.9m 

0.9m 

0.6m 

0.3m 

COUNTERPOISE 

STREET LIGHT 

B,C.HYDRO 

SHAW CABLE 

TILUS PHONI 

TIRASEN GAS 

MARKER TAPI 

0m SWK Al SL 

2.Om ELSEWERE 

3,0m OFFSET 

RED STAMPED CONC .30 CS 

{È + 

+++ 

(n 

F 

DESTGN TO ENSURE I -(J 

NO CONFLICT 

BTTWEËN STREET 

LIGHT & VAULTS 

o 

E cl 

I 

,-i 

m 

F- 

ï 

() 

- 

F 

Ld 

td 

É- 

t-- 

u-) 

dd 

U) 

l J 

F Olê 

= T 

U) 

() 

1.10 T0 1. 

2.30 ro 2.90 B.C.HYDRO 

1.2m CLEAR FOR VAULTS 

0.00 To 0.J0 GAS 

0.60 To 1.00 

TELUS/SHAW 

STREET LIGHT 

3.25m BOULEVARD 

(FACE OF CURB T0 

PROPERTY LINE) 

I lhe CORPORATION of 

the CITY of VERNON 

FIÁNNING. DEVETOPUENT 

AND ENGII{DÍRTNG SIRVICf,S 

îIrf 

TYPICAL UTILITY CORRIDORS 

COMMERCIAL 

136

SCHEDULE'C' 


Bylaw 5199 

Table A.l in Schedule A of Subdivision Development Seruicing Bylaw #3843 

TABLE A.I 

REQUIRED iIINIMUM LEVEL OF SERVICE FOR SANITARY SEWER' 

STREET LIGHTING AND WIRING 

coLUitN I COLUMN 2 GOLUMN 3 COLUMN 4 COLUMN 5 columN 6 

ZONE 

Residential 

Gity: 

R1,R2,R3,R4,R5, 

R6,R9,RI1,RM1, 

RM2,RM3,RCD, 

RIO,RH3,RHl 

N.O.R.D.: 

SANITARY 

SEI'VER WATER DRAINAGE 

CSSS 

cws 

SSS 

STREET 

LIGHTING 

Thru Sub 

Division 

Underground, 

WIRING 

Rl, Ri¿, R3, R4, R5, R6 

City: RRD 

I 

Underground, 

N.O.R.D.: R7 

On-Site 

SD 

cws 

Ditch 

ntersec-tions 

Underground 

Gommercial 

City: 

cRD,C1,C1A,C2, 

c2A,C2B 

CSSS 

cws 

sss 

Thru Sub 

division 

Underground 

N.O.R.D.:Gl 


c5,c3,c4,c6,c7 

CSSS 

CWS 

SSS 

Thru Sub division 

Underground 

N.O.R.D.: 

c2,c3,c4,c5,c6 

c7.c8 

lndusÍrial 


Mr,M2,M3,M5 

csss 

CWS 

sss 


Underground, 

N.O.R.D.: 

t1, 12, 13, 

CSSS 

cws 

SSS 


Underground, 


CSSS 

cws 

SSS 


Underground 

i/|l4 

N.O.R.D.: 

t4 

Agriculhrral/ 

Small Holdinqs 

Crty: 

AI 

N.O.R.D.: 

NU, LH 

Ctty: 

P\2 

N.O.R.D.: 

SH. CR 

On-site SD 

On-Site 

SD 

OnSite SD 

CWS 

On-Site WS 

CWS 

Sanitary System Water 

õõõStã- Sev'æ-r System WS-Water System SDSeuvage Disposal 

Ditch 

Ditch 

Ditch 

lntersec-tion only 

lnterseøtions 

lntersec tions 

Underground, 

Overhead 

Overhead 

t37



A bylaw to amend City of Vernon 

Athletic Commission Bvlaw No.4910 

WHEREAS the Council of the Corporation of the City of Vernon has determined 

to amend the "Gity of Vernon Athletic Commission Bylaw Number 4910, 2005" to 

address extensions to Committee Member terms; 

NOW THEREFORE the Council of the Corporation of the City of Vernon, in open 


1. This bylaw may be cited as 'City of Vernon Athletic Commission (Term 

Extension) Amendment Bylaw Number 5193, 2009'. 

2. That "City of Vernon Athletic Commission Bylaw Number 4910, 2005' be 

amended as follows: 

¡) Section 6 Terms of Appointment, Part 6.1 be amended to add the 

following, as indicated in red: 

6.1 All appointments to the Commission shall be for a term of three (3) years 

without remuneration. All terms expire, unless extended by Council 

resolution. 

3. That City of Vernon Athletic Commission Bylaw Number 4910, 2005 is hereby 

ratified and confirmed in every other respect. 





Mayor 


GICLERK\BYLAWS\COMMITTEES\s193 - Amendment to Athletic Commission Bylaw 4910 - Term Extension doc 138


BYLAW NUMBER 52OO 

A bylaw to amend the Refuse Collection 

Bylaw Number 3148. 1982 

WHEREAS the Council of The Corporation of the City of Vernon has determined 

to amend "The Corporation of the City of Vernon Refuse Collection Bylaw 

Number 3148,1982"i 

NOW THEREFORE the Council of The Corporation of the City of Vernon in open 

meeting assembled enacts as follows: 

1. This bylaw may be cited as "Refuse Collection (Recycling Rates) 

Amendment Bylaw Number 5200, 2009'. 

2. Refuse Collection Bylaw #3148, 1982 rates are hereby amended, in 

red, as follows: 

DrvlsloN FlvE - collEcfloNs (GoMMERCIAL) 

501 All Commercial bins with the exception of those servicing 

restaurants are to be placed on private property, except as 

outlined below. Bins should be in an enclosure or behind screening. 

c) Gommercial bins servicing restaurants will be allowed in 

Citylanesuntil@. 

502 

All comPanies Placing 

bins within the City of Vemon rightsof+nay, with an approved 

139

PAGE 2 


hoarding permit or servicing a restaurant must have a minimum 

of $2,000,000 public liability insurance with the city of vernon 

named as co-¡nsured. 

504 Blue Bag Recycling Services will be offered to Commercial 

Properties within the C¡ty of Vernon through the Gity's 

contractor. Gardboard pickup will remain the responsibility of 

the business owner. 

DIVISON NINE - 

FEES AND CHARGES 

900 c) The C¡ty will charge and each owner of commercial 

industrial properties, excluding Blue Jay, Predator Ridge, 

Foothilts, Turtle Mountain and Okanagan Landing past the 

Yacht Glub shall pay $61.58 per quarter for the collection 

of recyclable products (blue bag). 

DIVISION THIRTEEN - RECYCLING 

1300 Notwithstanding any provision of this Bylaw with regard to the 

collection, removal and disposal of household refuse and trade 

waste, all residential properties are to be provided a collection service 

as determined by agreement between the City and the Regional 

District of North Okanagan from time to time. The City of Vernon 

witt provide recycling services to commercial and industrial 

properties excluding Blue Jay, Predator Ridge, Foothills, Turtle 

Mountain and Okanagan Landing past the Yacht Club 

1303 

140

PAGE 3 


@ 

All commercial and industrial properties 

within the city of vernon, with the exception of Blue Jay, 

Predator Ridge, Foothills, Turtle Mountain and Okanagan 

Landing past the Yacht club will be serviced by blue bag 

recycting program. The program will be mandatory provided by 

the City of Vernon. Costs of the program will be charged back 

to the benefiting properties through quarterly billings. 

3. This bylaw will come into effect on May 31, 3009' 

4. "The Corporation of the City of Vernon Refuse Collection Bylaw 

Number 3148, 1982" is hereby ratified and confirmed in every other respect. 





Mayor: 


I4L


A Bylaw to authorize a Housing Agreement 

WHEREAS pursuant to Section g05 of the LocatGovernment Act (British Columbia) , 

vernon council desires to enter into a Housing Agreement to provide for attainable 

housing units on CitY owned land; 

AND WHEREAS the Council has agreed to lease lands legally described as Lot 4, 

o¡rtri.t Lot 71, oDvD, plan 19257,ÞlD oog-089-442 (4100 - 25In Avenue) for the 

construction of a 6 unit Attainable Housing Project on the property; 

AND WHEREAS the City of Vernon agrees to enter into a Housing Agreement, for this 

development, with Vernón and DistriciCommunity Land Trust SocieÇ, Kindale 

oevelopmenial Association and, Kelowna Habitai for Humanity Society, collectively 

known as the "Original Owned' as described in attached "schedule A" - Housing 

Agreement. 

NOW THEREFORE, The council of the city of vernon, in open meeting assembled, 

enacts as follows: 

1. The signatories of the City are authorized to execute and deliver a housing 

agreement with "Original Owned' a 

of a 6 unit Attainable Housing Unit 

1, District Lot 62, Plan 9807,-ODYD 

ot 

71, ODYD, Plan'1g257, ( 41OO -25t 

A 

to this Bylaw. 

Z. This Bylaw may be cited as "4100 - 

Number 5201,2009'. 

READ A FIRST TIME this 27th day of April, 2009' 

READ A SECOND TIME this 27th day of April, 2009' 

READ A THIRD TIME this 27th day of April, 2009' 

ADOPTED this day of ,2009. 

nt 

ot 

25th Avenue Housing Agreement Bylaw 

MAYOR 

CORPORATE OFFICER 

1,42

LAND TITLE ACT 

FORM C 

SCHEDULE "4" attached hereto and 

forming part of Bylaw Number 5201 

(Section 233) 

Province of British Columbia 

GENERAL INSTRIIMENT-PART I tr¡ir area lor l¿nd ritle office use) Page t oI 

I . APPLICÂTION: (Name, address, phone number and signaturne of applicanl, applicant's solicitor or aSent) 

- 

PaSes 

2. PARCI]L IDENTINIR(S) AND LEGAL DESCR]PT]ON(S) OT LAND:. 

(PID) 

008-089-442 

(LEGAI DESCRIFTION) 

Lot 4 District Lor 7l osoyoos Division Yale District Plan 19251 

3. NATURX OF INTTREST:' 

Description Document Refer€nce Person f,ntitled to lnter€sl 

(Page andParagraPh) 

Section 219 covenant Entire Instrument Transferee 

(Housing Agreement) 

Rent Charge 

Page 13, sections 15 & 16 Transferee 

4. TERMS: Part 2 of this instrumenl consists of (select one only) 

(a) filed Standard Charge Terms D.F. No' 

(b) Expr€ss CharSe Terms X Annexed asParl 2 

(c) Release There is no Part 2 ofthis lnstrument- 

A ælection of (a) include anyzdditional or modified terms referred to in ltem 7 or in a schedule annexed to this instrument. lf (c) is selected, 

the charge described in ltem 3 is releard or discharyed as a charye on the land described in Item 2. 

s. TRANSF[,ROR(S):' 

VERNON AND DISTRICT COMMII]\IITY LAIID TRUST SOCIETY (Inc. No. S--), 

KII{DALE DEVELOPMENTAL ASSOCIATION (Inc. No. S--)' and 

KELOIYNA IIABITAT FOR HLIMAMY SOCIETY (Inc. No. S--) 

[as 

to Lease No. 

I 

6. TRANSfERXE(S): (including postal address(es) and postal code(s))' 

TIIE COR}ORATION OX'THE CITY OT'VERNON 

C:\Documents And Settings\Eileens\Local Settings\Temporary lnternet FileS\OLK5\IIOUSING AGREEMENT (FINAL).DocAp t 23,200912:¡S pf''¿Lf 3

Page2 

ILIND TITLE ACT 

FORM C 

(Section 233) 


GEIYERAL INSTRT]MEI{T-PART I 

PaSe 5 

7 ADDnONAL OR MODInID T[RMS:' 

N/A 

EXICUTION(S):.'This instn¡ment creates, assigns, modifies, enlarges, discharges or Soverns the priority of the interesl(s) described 

in ltem 3 and the Transferor(s) and every other signatory agrce lo be bound by this instrument' and acknou¡ledge(s) receipt of a 

true copy of the filed standard charge terms, if any. 

Officer Signature 

Execution Date 

YMD 

Party(ies) Signature 

Name of Officer 

STEVEN M. BRANDNER 

Barrister & Solicitor 

32OS - 32nd STREET 

VERNON, BC VlT 2M4 

2009 01 23 

VERNON AND DISTRICT 

COMMUNITY LAND TRUST 

SOCIETY by its authorized 

signatory(ies): 

scíRpí24 GD 

Name: 

Name of Officer 

STEVEN M. BRANDNER 

Banisler &. Solicitor 

32OS - 32nd STREET 

VERNON, BC V1T 2M4 

(@ 

2oos d! 

KINDALE DEVELOPMENTAL 

ASSOCIATION by its authorized 

signatory(ies 

Name: ttg¡s P'¿ S¿L 

Narne: 

cLl 5t 

OFFICER CERTIFICATION: 

yM signature mt¡tutes a representation that yN are a sl¡cilq, mtary ublic t other p€rsn ar¡thqizêd by be Evidenæ Ad, R S B.C. 1996, c 124. to take attidav¡ts tor uæ in 

Bfitish Columbiâ end ærtilles the matttrs æt rul in Parl 5 of the tsnd nt]€ Ad astÊy pertain to the exeoltion of lhis instrument 

' 

lf spæ insufìc¡ent, 6ttr "sEE SCHEDULE" and atlach sdledule in Fqm E 

- lf spæinsuffic¡ãt'@nlinæexæiimsonadd¡timl page(s)¡nFomD 

rsrN.: ÂGRFFMFNTfFINAr.lDocAnr23- 2oo9r2:fst"åÉ4 

C:\Documents And Settings\Eileens\Local Settings\Tempórary Inlemel Files\OLK5UIOUSING AGREEMENT (FINAL)-DocAp¡23,2009 l2:35 PM

Nf LNJEÑJE I TNA 

P.¿ 

L/IND TITLE ACT 

F.ORM D 

EXECUTIONS CONTINIIED 

hge 3 

EXECUnON(S):ÉThis ¡rctrÍmenl creabs, Êssitrts, rnodifies, enlarges, dischaqgæ or governr tlre priorityof thc intercst(r) dcsribed 

in lterit I a¡¡] fhe Tlursfcpr(s) and cwry othcr siE¡abry aS¡€c þ be bourd þ this in*nuncnt, and ac¡aþwlcdge(s) ¡eceipt of a 

truê oqqy of tho filed st¡rd¡¡d charge lerms, if any. 

Oflicer Signature 

Execution Date 

YMD 

Party(ies) Signature 

TAHJA K. MCLEAN 

Notary Public 

423 Ceclar Avenue 

Kelowna, BC V1Y 4X2 

cas t"ffig'unV. 

Name of OfEcer 

NO ADVICE REQt'ESTED NOR GIVEN 

ATTESTED CNLY BUT NOT ÐRAW¡-{ 

KELOWNA HABITAT FOR 

HUMANITY SOCIETY þ its 

20os ø+ 24 authorized signatory(ies) : 

2009 

Name: I^orJn uee l{6n.\!¡Ñqì 

Name: 

TTTE CORPORATTON OF TI{E 

CITY OF VERNON by its 

authorized signatory(ies) : 

Mayor: 

(as ûo both signatures) 


OFFICER CERTFICAIIOIT 

ytr rl¡neü¡ro oolËllÈrNo3 a Epßmlalhn 0ìst yõJ æ a soilc{td', rEt¡'y ,rlclb r othr psr3út tl¡DtÞd by the Evldalt@ Aõ1. R.S B. C. 1Só, c12,1' to bl€ alfidsrlh bf usr br 

a1- rllva êUUJ ¡U- 

Bld8h Colun¡ia rìd @fffr€8 tìe matFIB 6el q,l in Fafl S of Ûle Lard 7llcÁds! lhey Perraln þ ItF€)€qtond tf! lnslrurenL 

' lfrpacalfEulfrcþnt,Enlf"SEÉSCHEDII-E'md.nEôtdted-bhFømE- 

- hFqmD' 

C:\Dooum 

mporary lflternet Filcs\OLKI 8\IIOUSINC .AGREEMENT (FINAL) (z).DocApr 23, 2009 12:35 PÀ 

L45

Page 4 

TERMS OF INSTRIJMENT - PART 2 

HOUSINGAGREEMENT-ATTAINABLEHOUSINGI]MTS 

THIS AGREEMENT dated for referencethe22nd day of April, 2009 is 

AMONG: 

AND 

AND 

Vernon and District Community Land Trust Society, a society 

incorporated pursuant to the laws of British Columbia 

(the "Land Trust Society") 

Kindale Developmental Association, a society incorporated pursuant to 

the laws of British Columbia 

("Kindale") 

Kelowna Habitat for Humanity Society, a society incorporated pursuant to 


("Habitat") 

AND 

(collectively, the Land Trust Society, Kindale, and Habitat are the 

"Original Owner") 

The Corporation of the City of Vernon, a municipality gxisting pursuant to 


GIVEN THAT: 

(the "City") 

A. Section 219 of the Land Title Act (British Columbia) permits the registration of a 

covenant of a negative or positive nature in favour of the City in respect of the use 

of land or construction on land and provides for the granting of a rent charge 

payable by the covenantor and the covenantor's successors in title; 

B. Section 905 of the Local Government Act (Bnlish Columbia) permits a local 

government, by bylaw, to enter into a housing agreement with an o\ilner regarding 

ih, o.".rpuncy of housing units identified in the agreement, including but not 

limited to the- form of tenure of the housing units, the availability of the housing 

units to classes of persons, the administration and management of the housing 

units and rents and lease, sale or share prices that may be charged, and the rates at 

which these may be increased over time; 

C:\Documenls A¡d Settings\Eileens\Local Senings\Temporary Inremet Fi|es\OLK5VIOUSING AGREEMENT (FINAL)'DocAp ¡ 23,2009 nttþ¡'fut

Page 5 

C. The Original Owner is the registered owrìer of a leasehold interest in the Land 

(hereinafter defined); and 

D. The original owner and the city wish to enter into this Agreement to provide for 

attainable housing on the terms and conditions set out in this Agreement, and this 

Agreement is both a covenant under Section 219 of the Land Title Act and a 

housing agreement under Section 905 of the Local Governmenl Acl, 

NOV/ THEREFORE in consideration of good and valuable consideration (the receipt and 

suffrciency of which is acknowledged by both parties), and in consideration for the 

promises exchanged below, the Original Owner and the City covenant and agree as 

follows and in accordance with Section 219 of the Land Title lcl (British Columbia) and 

Section 905 of the Local Governmenl lct (British columbia): 

PART I - DEFII\ÜTIONS 

1. In this Agreement the following words have the following meaning: 

(a) 

"Attainable Housing Unit" means any and all residential dwelling units 

located or to be loJated on the Land (as hereinafter defined) into which 

ownership or right of possession or occupation of the Land may be 

Subdividãd (as hireinafter defined) as leasehold strata lots in a building 

strata plan; 

(b) 

(c) 

(d) 

(e) 

"Agreement" means these express charge terms together with the General 

lnstrument (hereinafter defined); 

..CPI" means the All-Items Consumer Price Index for Vancouver, B'C', 

published from time to time by Statistics Canada, or its successor in 

function; 

..Daily Amount" means $100.00 per day as of January 1,2009 adjusted 

thereáfter by an amount determined by multiplying $100.00 by the 

percentage .h*g. in the cPI from January 1, 2009 to January I of the 

year that a written notice is delivered to the ownef by the City pursuant to 

Section l6 herein; 

"Eligible Resident" means a Household (as hereinafter defìned) which, at 

the time it enters a Tenancy Agreement or purchases the Non-Rental Unit, 

as the case maY be: 

i. has an annual income below the "Low Income Cut-Off' as set from 

time to time for such Household by Statistics Canada, 

ii. in which at least one person has resided or worked in the city of 

Vernon continuously foi at least the most recent 12 month period, or 

if, after using best efforts for at least three (3) consecutive months, an 

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Owner has failed to find a Household in which at least one person has 

resided or worked in the City of Vernon continuously for at least the 

most recent 12 month period as set out above, in which at least one 

person has resided or worked in the greater Vernon area continuously 

for at least the most recent l2 month period; and 

iii. in which no person in the Household owns, or combination of persons 

in the Household own, directly or indirectly through a trust, business 

asset or otherwise, any interest in real property anywhere in the world 

unless, the fair market value of all the real property the person o\ /ns or 

pefsons own does not exceed 60Yo of the assessed value of the 

Attainable Housing Unit to be rented or purchased, as the case may be; 

(Ð 

"Household" means: 

i. a person, 

ii. two or more pelsons related by blood, marriage, adoption or associated 

through foster care, all living together in one dwelling unit or who 

propose to live together in one dwelling unit; 

iii. a group of not more than five persons who are not related by blood, 

marriage, adoption or associated through foster care, all living together 

in one dwelling unit or who propose to live together in one dwelling 

unit; or 

iv. any combination of persons set out in Subsections ii. and iii. so long as 

the number ofpersons does not exceed five. 

(e) 

(h) 

(i) 

c) 

(k) 

(l) 

"General Instrument" means the Form C under the Land Title (Transfer 

Forms) Regulations, as alnended, and all schedules and addenda to the 

Form C charging the Land to which these express charge terms are 

attached; 

"lnterest" means the property interest of the Owner in an Attainable 

Housing Unit; 

"Land" means the Owner's leasehold interest in the land described in ltem 

2 of the General Instrument and any part thereof, including any leasehold 

strata lot into which the Land is Subdivided; 

"LTO" means the Kamloops Land Title Ofhce or its successor; 

"Non-Rental Unit" means one (1) Attainable Housing Unit that is not 

reserved for use as rental accommodation in accordance with sections 4 

and 5 of this Agreement; 

"Occupancy Date" means the date that an occupancy permit is issued by 

the City in respect of an Attainable Housing Unit; 

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(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

(Ð 

"Original Rent" means 5940.00 per month for an Attainable Housing Unit 

having three bedrooms, and $700.00 per month for an Attainable Housing 

Unit having one bedroom; 

"Owner" means the Original Owner, being the Transferor described in the 

General Instrument, and any subsequent owner of a registered leasehold 

interest in the Land or of any part into which the Land is Subdivided, and 

includes any person who is a registered owner of a leasehold interest in an 

Attainable Housing Unit from time to time; 

"Prime Rate" means the annual rate of interest, expressed as a percentage, 

used as a reference rate by the Royal Bank of Canada at its main branch in 

Vancouver, British Columbia for Canadian dollar loans and designated by 

the Royal Bank of Canada from time to time; 

"Rental Unit" means an Attainable Housing Unit reserved for use as rental 

accommodation in accordance with Section 5 of this Agreement; 

"subdivide" means to divide, apportion, consolidate or subdivide the 

Land, or the ownership or right to possession or occupation of the Land 

into six (6) leasehold strata lots under the Strata Property lct (British 

Columbia);; 

"Tenancy Agreement" means a written tenancy agreement, lease, license 

or other agreement granting rights to occupancy an Attainable Housing 

Unit; and 

"Tenant" means an occupant of an Attainable Housing Unit by way of a 

Tenancy Agreement. 

PART II - USE A}ID SI]BDIVISION OF LAITD AND CONSTRUCTION OX' 

ATTAINABLE IIOUSING T]]\[ITS 

2. The Owner covenants and agrees with the City that the Owner will only build on 

and use the Land in accordance with the following: 

(a) 

(b) 

the Owner will design and construct to completion, in accordance with a 

building permit issued by the City and in accordance with any 

development permit issued by the City, at least six (6) Attainable Housing 

Units as specified in such building permit or development permit; 

the Owner will meet or exceed the construction standards for Attainable 

Housing Units as specified by the City in its bylaws and any required 

building permit issued by the City in respect of development on the Land; 

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(c) the Owner will at all times ensure that the Land is used and occupied in 

compliance with all statutes, laws, regulations, and orders of any authority 

having jurisdiction and without limiting the generality of the foregoing all 

bylaws of the City and all federal, provincial, municipal or local laws, 

statutes or ordinances relating to environmental matters, including all 

rules, regulations, policies, guidelines, criteria or the like promulgated 

under or pursuant to any such laws; and 

(d) the Owner will not apply for a building permit for any construction or 

development on the Land unless the proposed construction complies with 

the requirements of this Agreement. 

3. The Owner agrees that the Land shall not be Subdivided so as to create more than 

six (6) leasehold strata lots thereon. 

PART III - 

USE AI{D OCCUPAIICY OX'ATTAINABLE HOUSING T]IYITS 

4. The Owner agrees that one (l) Attainable Housing Unit may be transferred to 

Habitat as the sole owner, and that as long as: 

(a) Habitat is the registered o\ilner of a leasehold interest in such Attainable 

Housing Unit; or 

(b) the Owner of such Attainable Housing Unit is a party that obtained such 

interest pursuant to Section 8 or Section 9 of this Agreement 

such Attainable Housing Unit will not be required to be used for, and will not be 

reserved for use as, rental accommodation. 

5. Subject only to Section 4 of this Agreement, all Attainable Housing Units will 

always be used to provide and will be reserved for use as rental accommodation in 

accordance with Section 10 of this Agreement. 

6. The Owner agrees that all Attainable Housing Units may only be used as a 

permanent residence occupied by one Eligible Resident. Rental Units must not be 

occupied by the Owner. 

l. The Owner agrees that the number of individuals who permanently reside in an 

Attainable Housing Unit must be equal to or less than the number of Individuals 

that the City's building inspector determines may reside in the Attainable Housing 

Unit given the number and size of bedrooms in the Attainable Housing Unit and 

in light of any relevant standards set by the City in any bylaws of the City. 

PART IV - 

T]]\[ITS 

DISPOSTTTON AltD ACQUSTTION OF ATTATNABLE ITOUSTNG 

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8. 

9. 

Habitat may assign its entire interest in and to the Non-Rental Unit by way of a 

registered assignment to a party that is, at the date of such assignment, an Eligible 

Resident, provided however that concurrently with such registered assignment, 

there is registered on title to the Non-Rental Unit, an option to purchase (the 

"Option") in favour of the Original Owner, in the form attached as Appendix A 

hereto or as otherwise agreed upon by the City and Habitat in writing on or before 

the Non-Rental Unit is assigned to a third party. 

Any Owner of the Non-Rental Unit, other than Habitat, may only assign its entire 

interest in and to the Non-Rental Unit: 

(a) to a party (refened to in this section as the "Assignee") that is at the date 

of such assignment an Eligible Resident for the amount paid by the Owner 

for the Attainable Housing Unit adjusted for inflation according to the 

percentage change in the CPI since the time at which the Owner acquired 

the Owner's interest in the Attainable Housing Unit; and 

(b) upon receipt of written approval of the Assignee's status as an Eligible 

Resident and the Assignee's offer by the City or the City's designated 

representative. 

10. 

The Owner must not rent or sublease any Attainable Housing Unit except to an 

Eligible Resident in accordance with Part III of this Agreement and except in 

accordance with the following additional conditions: 

(a) the Attainable Housing Unit will be used or occupied only pursuant to a 

Tenancy Agreement; 

(b) subject to the provisions of the Residential Tenancy Act (British 

Columbia). the monthly rent payable for an Attainable Housing Unit as at 

the Occupancy Date, will not exceed the Original Rent. The Owner may 

increase the rent payable for the Attainable Housing Unit annually, 

beginning with the first anniversary of the Occupancy Date for the 

Attainable Housing Unit, and thereafter on each successive anniversary 

date, by an amount determined by multiplying the rent payable for the 

Attainable Housing Unit at the time of the proposed rent increase by the 

percentage change in the CPI since the last anniversary date; 

(c) the Owner will not require the Tenant to pay any extra charges or fees for 

use of any coÍrmon property, limited common ploperty or other colnmon 

area, or for property taxes. For clarity, this Section does not apply to 

cablevision, telephone, other telecommunications, gas utility or electricity 

utility fees or charges, or watet, sewer or garbage charges; 

(d) the Owner will attach a copy of this Agreement to the Tenancy 

Agreement; 

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(e) 

(Ð 

(e) 

(h) 

the Owner will include in the Tenancy Agreement a clause requiring the 

Tenant to comply with the use and occupancy restrictions contained in 

Part III of this Agreement; 

the Owner will include in the Tenancy Agreement a clause entitling the 

Owner to terminate the Tenancy Agreement in accordance with the 

Residential Tenancy Act (British Columbia) if the Tenant uses or occupies, 

or allows use or occupation of the Attainable Housing Unit in breach of 

the use or occupÍulcy restrictions contained in this Agreement; 

the Tenancy Agreement will identifo all occupants of the Attainable 

Housing Unit, and will stipulate that anyone not identified in the Tenancy 

Agreement will be prohibited from residing at the Attainable Housing Unit 

for more than 30 consecutive days or more than 45 days total in any 

calendar year; 

the Tenancy Agfeement will provide for termination of the Tenancy 

Agreement by the Owner where: 

i. the number of occupants in the Attainable Housing Unit contravenes 

City bylaws; and 

ii. except if permitted under subsection l0(g) of this Agreement, the 

Attainable Housing Unit is occupied by persons other than the Eligible 

Resident. 

(i) 

0) 

(k) 

the Tenancy Agreement will provide that the Owner will have the right, at 

the Owner's option, to terminate the Tenancy Agreement should the 

Attainable Housing Unit remain vacant for three consecutive months or 

longer, notwithstanding the timely payment of rent; 

the Tenancy Agreement will provide that the Tenant will not sublease the 

Attainable Housing Unit or assign the Tenancy Agreement; and 

the Owner will deliver a copy of the Tenancy Agreement to the City upon 

demand. 

ll. 

t2. 

The Owner will terminate any Tenancy Agreement where the Tenant uses or 

occupies, or allows use or occupation of an Attainable Housing Unit in breach of 

this Agreement, such termination to be in accordance with the terms of the 

Tenancy Agreement and subject to the provisions of the Residential Tenancy Acl 

(British Columbia). 

The City agrees that upon the Owner, or any party comprising the Owner, 

disposing of all of its interest in the Land or any portion thereof, such person shall 

thereafter be released ofits obligations hereunder. 

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13. 

The City agrees that if the Lands are Subdivided and the parties comprising the 

Originai Owner transfer their respective interests in the leasehold strata lots to 

each other such that afterwards each such party wholly owns one ol more 

leasehold strata lots, each party comprising the original owner shall thereafter: 

(a) only be liable to ensure their respective leasehold strata lots are used and 

maintained in accordance with this Agreement; and 

(b) be released from any obligation relating to the use or maintenance of any 

other leasehold strata lot. 

PART V _ DEMOLITION OF ATTAINABLE HOUSING II¡TIT 

14. 

Subject to Part 12 of the Strata Property lct (British Columbia), the Owner will 

not demolish an Attainable Housing Unit unless: 

(Ð the Owner has obtained the written opinion of a professional engineer or 

architect who is at arm's length to the Owner that it is no longer 

reasonable or practical to repair or replace any structural component of the 

Attainable Housing Unit, and the Owner has delivered to the City a copy 

of the engineer's or architect's report; or 

(b) the Attainable Housing Unit is damaged or destroyed, to the extent of 40o/o 

or more of its value ubo'rr" its foundations, as determined by the City in its 

sole discretion, and 

a demolition permit for the Attainable Housing Unit has been issued by the City 

(unless the Attainable Housing Unit has been destroyed by an accident, act of 

òod, or sudden and unanticipated force) and the Attainable Housing Unit is to be 

demolished in accordance with that permit. 

Following demolition, the Owner will use and occupy any replacement Attainable 

Housing Únit in compliance with this Agreement, and this Agreement will apply 

to the cãnstruction of any replacement Attainable Housing Unit to the same extent 

and in the same manner as those Sections apply to the construction of the original 

Attainable Housing Unit, and the Attainable Housing Unit must be approved by 

the City as an Attainable Housing Unit in accordance with this Agreement' 

PART VI - DEX'AI]LT AìtD REMEDIES 

15. 

The Owner hereby irrevocably authorizes the City to make such inquiries as it 

considers necessary in order to confirm that the Owner is complying with this 

Agreement, and irrãvocably authorizes and directs the recipient of the request for 

information from the City to provide such information to the City. 

16. 

The Owner acknowledges that the City requires Attainable Housing to retain 

famiiy units in the City, retain the historicai sense of community, and attract 

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Eligible Residents to work for businesses in the community and that these 

businesses may generate tax and other revenue for the City and economic growth 

for the "o1¡-onity. 

The Owner therefore agrees that, in addition to æry other 

remedies available to the City under this Agreement or at law or equity, if an 

Attainable Housing Unit is used or occupied in breach of this Agreement or 

rented at a rate in excess of that permitted under this Agreement, the Owner will 

pay, as a rent charge under Section 17, the Daily Amount to the City for every day 

that the breach continues after 30 days written notice from the City to the Owner 

stating the particulars of the breach. The Daily Amount shall be increased on 

January I of each year by an amount calculated by multiplying the Daily Amount 

as of ihe previous January I by the percentage increase in the CPI during the 

immediately preceding calendar year. The Daily Amount is due and payable 

immediately upon receipt by the Owner of an invoice from the City for the sarne. 

ll . 

The Owner hereby grants to the City a rent charge under Sections 16 and 17 and 

under Section 219 of lhe Lond Title Act (British Columbia), and at common law, 

securing payment by the Owner to the City of any amount payable by the Owner 

pursuant to this Agreement. The Owner agrees that the City, at its option, may 

ènforce payment of such outstanding amount in a court of competent jurisdiction 

as a contract debt, by an action for and order for sale, by proceedings for the 

appointment of a receiver, oï in any other method available to the City in law or 

in equity. 

PART VII - INTERPRETATION 

18. In this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

(Ð 

reference to the singular includes a reference to the plural, and vice versa' 

unless the context requires otherwise; 

article and section headings have been inserted for ease ofreference only 

and are not to be used in interpreting this Agreement; 

if a word or expression is defined in this Agreement, other parts of speech 

and grammatical forms of the salne word or expression have 

corresponding meanings; 

reference to any enactment includes any regulations, orders or directives 

made under the authority of that enactment; 

reference to any enactment is a reference to that enactment as consolidated 

revised, amended, re-enacted or replaced, unless otherwise expressly 

provided; 

the provisions of Section 25 of the Interpretation,4ct (British Columbia) 

with respect to the calculation of time apply; 

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(g) time is of the essence; 

(h) all provisions are to be interpreted as always speaking; 

(i) 

reference to a "party" is a reference to a party to this Agreement and to 

that party's respective successors, assigns, trustees, administrators and 

receivers. 'Wherever the context so requires, reference to a "party" also 

includes Eligible Residents, agents, offìcers and invitees of the party; 

0) reference to a "day", "month", "quarter" or "yeal" is a reference to a 

calendar day, calendar month, calendar quarter or calendar year, as the 

same case may be, rurless otherwise expressly provided; and 

(k) where the word "including" is followed by a list, the contents of the list 

are not intended to circumscribe the generality of the expression preceding 

the word "including". 

PART VIN - MISCELLAI\'EOUS 

19. Ilousing Agreement. The Owner acknowledges and agrees that: 

(a) this Agreement constitutes a covenant under Section 219 of the Land Title 

lcl (British Columbia) and a housing agreement entered into under 

Section 905 of the Local Governmenl lct (British Columbia); 

(b) where the Land has been Subdivided to create the Attainable Housing 

Units, the Owner will do everything necessary, at the Owner's expense, to 

ensure that this Agreement will be registered against title to the Owner's 

Attainable Housing Unit as a covenant in priority to all financial charges 

and encumbrances which may have been registered or are pending 

registration against title to the Attainable Housing Unit save and except 

those specifically approved in writing by the City or in favour of the City, 

and that a notice under Section 905(5) of the Local Government Act 

(British Columbia) will be filed on the title to the Attainable Housing 

Unit; and 

(c) where the Land has not yet been Subdivided to create the Attainable 

Housing Units, the Owner will do everything necessary, at the Owner's 

expense, to ensure that this Agreement will be registered against title to 

the Land as a covenant in priority to all financial charges and 

encumbrances which may have been registered or are pending registration 

against title to the Land save and except those specifically approved in 

writing by the City or in favour of the City, and that a notice under Section 

905(5) of the Local Government Act (Bntish Columbia) will be filed on 

the title to the Land. 

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20. 

2t. 

22. 

Modific¡tion. This Agreement may be modified or amended from time to time, 

by bylaw duly passed by the Council of the City, if it is signed by the City and a 

person who is the current registered owner of the Land. 

Management. The Owner covenants and agrees that it will fumish good and 

efficient management of the Attainable Housing Units and will permit 

representatives of the City to inspect the Attainable Housing Units at any 

reasonable time, subject to the notice provisions in the Residential Tenancy Acl 

(British Columbia). The Owner further covenants and agrees that it will maintain 

the Attainable Housing Units in a satisfactory state of repair and fìt for habitation 

and will comply with all laws, including health and safety standards applicable to 

the Land. Notwithstanding the foregoing, the Owner acknowledges and agrees 

that the City, in its absolute discretion, may require the Owner, at the Owner's 

expense, to hire a person or company with the skill and expertise to manage the 

Attainable Housing Units. 

Indemnity. The Owner will indemniff and save harmless the City and each of its 

elected officials, officers, directors, and agents, ffid their heirs, executors, 

administrators, personal representatives, successors and assigns, from and against 

all claims, demands, actions, loss, damage, costs and liabilities, which all or any 

of them will or may be liable for or suffer or incur or be put to by reason of or 

arising out of: 

(a) any act or omission of the 

contractors or other Persons 

relating to this Agreement; 

Owner, or its officers, directors, agents, 

for whom at law the Owner is responsible 

(b) the Owner's construction, maintenance, ownership, lease, operation, 

management or financing of the Land or any Attainable Housing Unit; 

(c) without limitation, any legal or equitable wrong on the part of the Owner 

or any breach of this Agreement by the Owner. 

23. 

Release. The Owner by this Agreement releases and forever discharges the City 

and each of its elected officials, officers, directors, and agents, and its and their 

heirs, executors, administrators, personal representatives, successors and assigns, 

from and against all claims, demands, damages, actions, or causes of action by 

teason of or arising out of or which would not occur or could not occur but for 

the: 

(a) ownership, lease, operation or management of the Land or any Attainable 

Housing Unit under this Agreement; and 

(b) the exercise by the City of any of its rights under this Agreement or an 

enactment. 

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24 

25. 

Surviv¡|. The obligations of the Owner set out in PARTS II, III, IV, V and VI 

will survive termination of this Agreement. 

Municipal Powers Unaffected. This Agreement does not: 

(a) affect or limit the discretion, rights, duties or powers of the City under any 

enactment or at common law, including in relation to the use or 

subdivision of the Land; 

(b) impose on the City any legal duty or obligation, including any duty of care 

or contractual or other legal duty or obligation, to enforce this Agreement; 

(c) 

affect or limit any enactment relating to the use or subdivision of the 

Land; or 

(d) relieve the Owner from complying with any enactment, including in 

relation to the use or subdivision of the Land. 

26. 

Agreement for Benefit of city onþ. The owner and the city agree that: 

(a) this Agreement is entered into only for the benefit of the City; 

(b) this Agreement is not intended to protect the interests of the Owner, any 

tenant, or any furure ownef, lessee, occupier or uset of the Property, the 

Land or the building or any portion thereof, including any Attainable 

Housing Unit; 

(c) the City may at any time execute a release and discharge of this 

Agreement. without liability to anyone for doing so, and without obtaining 

the consent of the Owner. 

27. 

28. 

No Public Law Duty. V/here the City is required or permitted by this Agreement 

to form an opinion, exercise a discretion, express satisfaction, make a 

determination or give its consent, the Owner agrees that the City is under no 

public law duty of fairness or natural justice in that regard and agrees that the City 

may do any of those things in the same milmer as if it were a private party and 

not a public body. 

Notice. Any notice required to be served or given to a party herein pursuant to 

this Agreement will be sufficiently served or given if delivered, to the postal 

address of Owner set out in the records at the LTO, and in the case of the City 

addressed: 

To the City at: 

Clerk 

City ofVemon 

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3400 30th Street 

Vernon, BC VIT 5E6 

And to the Owner at: 

To the Land Trust SocietY: 

To Kindale: 

Attention: Executive Director 

Vemon & District Community Land Trust Society 

c/o Social Planning Council of the North Okanagan 

3205 31" Ave., Vemon, BC VIT 2H2 

Fax No.: 

To Habitat: 

IAddress] 

IAddress] 

or to the most recent postal address provided in a written notice given by each of 

the parties to the other. Any notice which is delivered is to be considered to have 

been given on the first day after it is dispatched for delivery' 

29. 

30. 

31. 

32_ 

Enuring Effect. This Agreement will extend to and be binding upon and enure to 

the benãfit of the parties hereto and their respective successors and permitted 

assigns. 

Severability. If any provision of this Agreement is found to be invalid or 

unenforceable such prõvision or any part thereof will be severed from this 

Agreement and the iemainder of this Agreement will remain in full force and 

effect. 

Waiver. All remedies of the City will be cumulative and may be exercised by the 

City in any order or concrrrently in case of any breach and each remedy may be 

exercised ãny number of times with respect to each breach. Ìy'aiver of or delay in 

the City exeicising any or all remedies will not prevent the later exercise of any 

remedy for the same breach or any similar of different breach. 

Sole Agreement. This Agreement, and any documents signed by the Owners 

contemplated by this Agreement, represents the whole agteement between the 

Cþ anã the Owner respecting the use and occupation of the Attainable Housing 

Units, and there *" ro warranties, representations, conditions or collateral 

agreements made by the City except as set forth in the Agreement. 

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aa 

JJ. 

34. 

35. 

36. 

37. 

38. 

39. 

Further Assurance. Upon request by the City the Owner will forthwith do such 

acts and execute such documents as may be reasonably necessary in the opinion 

of the City to give effect to this Agreement. 

Covenant Runs with the L¡nd. This Agreement burdens and runs with the Land 

and every parcel into which it is Subdivided. All of the covenants and agreements 

contained in this Agreement are made by the Owner for itself, its personal 

administrators, successors and assigns, and all persons who after the date of this 

Agreement, acquire an interest in the Land. 

Limitation on Owner's Obligation. The Owner is only liable for breaches of 

this Agreement that occur while the Owner is the registered owner of the Land. 

Bquitable Remedies. The Owner acknowledges and agrees that damages would 

be an inadequate remedy for the City for breach of this Agreement or the Option 

and that the public interest strongly favours specific performance, injunctive relief 

(mandatory or otherwise), or other equitable relief, as the only adequate remedy 

for a default under this Agreement or the Option. 

No Joint Venture. Nothing in this Agreement will constitute the Owner as the 

agent, joint venturer, or partner of the City or give the Owner any authority to 

bind the City in any way. 

Applicable Law. Unless the context otherwise requires, the laws of British 

Columbia will apply to this Agreement and all statutes referred to herein are 

enactments of the Province of British Columbia' 

I)eed and Contract. By executing and delivering this Agreement the Owner 

intends to create both a contract and a deed executed and delivered under seal. 

IN WITNESS IYHEREOX'the parties have executed this agreement on one or more 

pages of the General Instrument forming Part I of this Agreement- 

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Appendix A 

Option to Purchase 

Page I 

Land Title Act 

Form C 

lsection 233) 


GENERAL INSTRUMENT - PART 1 m,¡, area ror Land ritre orrice usel Page 1 of 6 

DAVIDSON I-AWYERS t-t-p Client No. 10517 

#4O1-32O5-32nd Street 

Vernon, BC V1T 2M4 (250)545-5344 

(File #) 

Parcel ldentifier and Legal Description of Land:* 

(PID) 

{Legal Description) 

Nature of lnterest: 

Description 

Option to Purchase 

Document Reference 

(page and paragraph) 

Entire Document 

4. ferrns: p'¿rt 2 of this instrument consists of (select one only) 

D.F. No. 

(a) Filed Standard Charge Terms 

iUl Express Charge Terms X Annexed as Part 2 

iãi Reiease - 

Person Entitled to lnterest: 

Transferee 

There is no Part 2 of this instrument 

Item 7 or in a schedule annexed to this instrument' lf (c) is selected the 

(including occupation(s), postal address(es) and postal code(s))* 

Execution(s):** T6is the priority of the interestlsl described in 

8. EXeCUtiOn(S):** This instrument creates, assigns, modifies, enlarges, discharges or governs lhe prlonry or tne rnreresrlsl oescrroeu tn 

Item 3 and the Ti¡¡nsferorlsl and'every other signatory be bound by this lnstrument, and acknowledgelsl receipt of a true copy of the filed 

standard charge lerms, if anY' 

"gr""-to 

Officer Signature(s) 

Execution Date Transf eror(s) Signatu re(s) 

Y M ID 

tutes a representation that you are a solicitor, notary public or other person-aulhorized by the Evidence Act, R.S.B'C. 1996, 

v¡ts ioì usã in eritish Columúia and certifies the mattérs set out in Part 5 of the Land T¡tle Act as theY pertain to the execution 

cf this instrument' 

i' ü ="""" insufficient, enter'SEE SCHEDULE" and attach schedule in Form E. 

"'l¡þace insufficient, continue executions on add¡t¡onal pagelsl in Form D' 160 

C:\Documenrs And Settings\lEileens\Local Settings\Temporary Internet Fíles\OLKS\FIOUSING AGREEMENT GfNAL)'DocApr 23,2009 l2:35 PM/BJ

Page2 

Land Title Act 

Form D 

FXECUTIONS CONTINUED 

Officer Signature(s) 

Y M D Transleree(s) Signature(s) 

Off icer Certification: 

Your signalure constitutes a representation that you are a solicitor, notary public or olher person authorized by the 

Evidence Act, R.S.B.C. téSã Cil 2a-, tã take att¡dauits tãr use in British Cólumbia and certifies the matters set out in 

på.t S ot the Land Title Act as they pertain to the execut¡on of this instrument. 

C:\Documenrs And Senings\Eileens\Locat Settings\Temporary lnremet FiIes\OLK5\IIOUSING AGREEMENT (FINAL)'DocAp ¡ 23,200912:fl 6¿1g:

3 

TERMS OF INSTRUMENT - PART 2 

OPTION TO PURCHASE 

THIS AGREEMENT dated for reference the 22nd day of April, 2009 is 

AMONG: 

AND: 

(the "Transferor") 

Vernon and District Community Land Trust Society, a society 

incorporated pursuant to the laws of British Columbia and having a 

mailing address at. 

AND: 

AND: 

AND: 

(the "Land Trust") 

Kindale Developmental Association, a society incorporated 

pursuant to the laws of British Columbia and having a mailing 

address at . 

("Kindale") 

Kelowna Habitat for Humanity Society, a society incorporated 


address at. 

("Habitat") 

BACKGROUND 

The Corporation of the City of Vernon, a municipality incorporated 


address at 3400 30th Stre, t, Vernon, BC V1T 5E6 

(the "City") 

(collectively, the Land Trust, Kindale, Habitat and the City are the 

"Transferee") 

C:\Documents And Settings\Eileens\Local Settings\Temporary Intemet Fi|es\OLKSVìOUSING AGREEMENT (FINAL).DocAp¡ 23,2O0912:¡l¡6Â:

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A. The Transferor is the registered owner of the Lands (as hereinafter 

defined); and 

B. The Transferor has agreed to grant to the Transferee an option to 

purchase the Lands on the terms and conditions set out in this Agreementln 

consideration of the sum of TEN ($10.00) DOLLARS (the "Option Fee") now 

paid by each of Habitat, the Land Trust, Kindale and the City to the Transferor 

and other good and valuable consideration (the receipt and sufficiency of which 

is hereby acknowledged), the parties hereby covenant and agree as follows: 

1. Unless otherwise specified in this Agreement, the following capitalized 

words and terms shall have the following meanings: 

a) "Lands" means the lands and premises legally described as .; 

b) "First Mortgage" means the first mortgage granted by the 

Transferor in favour of Habitat registered against title to the Lands 

under number ., the principal amount of which shall be equal to the 

price paid for the Lands by the Transferor at the time the Lands 

were conveyed by Habitat to the Transferor; 

c) "Offer" means an offer made by the Transferor to the Transferee or 

any of them pursuant to the terms of this Agreement; 

d) "Purchase Price" means the purchase price for the Lands as 

determined pursuant to section 10 of this Agreement; and 

e) "Purchaser" means such of Habitat, the Land Trust, Kindale or the 

City as exercises the right to purchase the Lands in respect of an 

Offer made pursuant to this Agreement. 

2. The Transferor agrees that it will not sell, lease, assign or in any way 

whatsoever transfer any interest in, or part with possession of, the whole 

or any part of the Lands to any person other than to Habitat unless the 

Lands are first offered for sale to Habitat in writing at the Purchase Price. 

3. Habitat shall have thirty (30) days from the date of receipt of the Offer 

under section 2 to elect to purchase the Lands on the terms set out herein. 

4. lf Habitat does not exercise the right to purchase the Lands by notifying 

the Transferor in writing of its election to do so within such thirty (30) day 

period, the Transferor agrees that it will not sell, lease, assign or in any 

way whatsoever transfer any interest in, or part with possession of, the 

whole or any part of the Lands to any person other than the Land Trust 

unless the Lands are first offered for sale to the Land Trust in writing at the 

Purchase Price. 

C:\Documents And Settings\Eileens\Local Settings\Ternporary lnremet Fites\OLK5VIOUSING AGREEMENT (FINAL).DocApr23,2009lZ:f L6fô:

5 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

The Land Trust shall have th¡rty (30) days from the date of receipt of the 

Offer under section 4 to elect to purchase the Lands on the terms set out 

herein. 

lf the Land Trust does not exercise the right to purchase the Lands by 

notifying the Transferor in writing of its election to do so within such thirty 

(30) day period, the Transferor agrees that it will not sell, lease, assign or 

in any way whatsoever transfer any interest in, or part with possession of, 

the whole or any part of the Lands to any person other than Kindale 

unless the Lands are first offered for sale to Kindale in writing at the 

Purchase Price. 

Kindale shall have thirty (30) days from the date of receipt of the Offer 

under section 6 to elect to purchase the Lands on the terms set out herein. 

lf Kindale does not exercise the right to purchase the Lands by notifying 


period, the Transferor agrees that it will not sell, lease, assign or in any 

way whatsoever transfer any interest in, or part with possession of, the 

whole or any part of the Lands to any person other than the City unless 

the Lands are first offered for sale to the City in writing at the Purchase 

Price. 

The City shall have thirty (30) days from the date of receipt of the Offer 

under section I to elect to purchase the Lands on the terms set out herein. 

The Purchase Price shall be calculated as follows: 

a) lf an Offer is made at any time before the First Mortgage is paid in 

full, the Purchase Price shall be the sum of all loan payments made 

by the Transferor to Habitat pursuant to the First Mortgage, less 

Habitat's administrative fees and the cost of any repairs to return 

the Lands to the condition they were on the date that Habitat 

conveyed the Lands to the Transferor (the "Conveyance Date"), 

reasonable wear and tear excepted, which amounts will be 

determined by Habitat acting reasonably (collectively, the "Costs"); 

b) lf an Offer is made at any time after the First Mortgage is paid in 

full, the Purchase Price shall be the principal amount of the First 

Mortgage, less the Costs. 

lf the City does not exercise the right to purchase the Lands by notifying 


period, the Transferor's interest in the Lands may be disposed of by the 

Transferor subject to any housing agreement, notice of which is registered 

against title to the Lands. 

The contract of purchase and sale arising from the exercise of a right to 

purchase pursuant to this Agreement shall be completed on the date that 

is sixty (60) days from the date of the exercise by the Purchaser of the 

C:\Documents A¡d Settings\Eileens\Local Settings\Temporary lnlernet Files\OLKsUIOUSING AGREEMENT (FINAL).DocAp t23,20O9 IZS#6rAl

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13. 

14. 

15 

16. 

17. 

18. 

19. 

20. 

right to purchase the Lands, or if the Kamloops Land Title Office is not 

open for business on such day, then the day next following on which the 

Kamloops Land Title Office is open for business (the "Completion Date"). 

lf a contract of purchase and sale arises between the Transferor and 

either the Land Trust or Kindale or the City pursuant to the terms of this 

Agreement, the Land Trust or Kindale or the City, as the case may be, 

agrees to pay to Habitat the amount, if any, by which the principal amount 

of the First Mortgage less the Costs exceeds the Purchase Price payable 

under such contract of purchase and sale, which amount shall be payable 

upon the Completion Date (herein defined). 

The Transferor shall deliver to the Purchaser two (2) business days prior 

to the Completion Date a duly executed assignment in registrable form 

assigning the Lands to the Purchaser free and clear of all encumbrances 

except subsisting conditions, provisos, restrictions, exceptions and 

reservations, including royalties, contained in the original grant or 

contained in any other grant or disposition from the Crown, registered or 

pending restrictive covenants and rights of way in favour of utilities and 

public authorities, and that certain lease of the Lands registered in priority 

to the Transferor's interest in the Lands and registered in the Kamloops 

Land Title Office under registration number 

(collectively, the 

"Permitted Encumbrances"). 

Adjustment for taxes and utility rates shall be made between the 

Purchaser and the Transferor as at the Completion Date and shall be 

added to or deducted from the Purchase Price (as the case may be), 

provided that any adjustments not settled by the Completion Date shall be 

settled between the Purchaser and the Transferor immediately following 

the completion and the sale and the purchase of the Lands shall complete 

nevertheless. 

The Transferor shall, subject to the Permitted Encumbrances, deliver 

vacant possession of the Lands to the Purchaser at 12:00 noon on the day 

following the Completion Date. 

Each party shall pay its own legal fees in respect of this Agreement and 

the purchase and sale of the Lands. The Purchaser shall be responsible 

for all registration fees and property transfer tax or any other tax payable 

in connection with the transfer of the Lands to the Purchaser. 

The Lands will remain at the risk of the Transferor until 12:01 a.m. on the 

Completion Date. 

Time is of the essence of this Agreement. 

Wherever the singular or the masculine is used in this Agreement, the 

same shall be construed as meaning the plural or feminine or the body 

politic or corporate were the context or the parties so require, and where a 

C:\Documents And Senings\Eileens\Local Settings\Temporary lnternet Fí|es\OLK5VIOUSING AGREEMENT (FINAL).DocApr 23,2009 lZ:3fSt$J

7 

21. 

22 

23. 

24. 

25. 

26. 

27 

party ¡s more than one person, all covenants shall be deemed to be joint 

and several. 

This Agreement shall enure to the benefit of and be binding upon the 

parties, and their respective heirs, executors, administrators, Successors, 

personal representatives and assigns. 

Any notice, request or demand provided for in this Agreement shall be in 

wriiing and sufficiently given if served personally upon the party for whom 

such notice was intended, or, if mailed by registered mail to the address 

shown on the title of for whom such notice was intended. All notices given 

by mail under this section shall be deemed to be received three (3) days 

following its posting, if posted at Vernon, British Columbia, provided that if 

after the time of posting there shall be any slowdown, strike or labour 

dispute which might affect the delivery of notice by mail, then such notice 

shall only be effective if actually delivered. Either party may, at any time, 

give notice in writing to the other of any change of address and thereafter 

all notices shall be mailed to the new address so given. 

The parties hereto further agree that this Agreement may not be amended 

or modified in any respect except by written instrument signed by the 

Transferor and the Transferee. 

This Agreement and the contract of purchase and sale resulting form the 

acceptànce by the Purchaser of the Offer pursuant hereto constitute the 

entire agreement and understanding of the parties with respect to the 

subject matter of this Agreement and supersedes all prior agreements and 

und-erstandings among the parties with respect to the matters contained 

herein and there are no oral or written agreements, promises, warranties, 

terms, conditions, representations or collateral agreements, express or 

implied, other than those contained in this Agreementlf 

the rights granted to the Transferee pursuant to this Agreement are not 

exercisèd by the Transferee or any of them as set out herein, this 

Agreement is thereby terminated and the Transferee will provide the 

Transferor with a registrable discharge of this Agreement within a 

reasonable time and the parties thereafter shall be released from any 

further obligation under this Agreement. 

Upon completion of the purchase and sale of the Lands to the Purchaser, 

tl.ris Agreement is thereby terminated and the other parties comprising the 

Transieree will provide the Purchaser with a registrable discharge of this 

Agreement within a reasonable time and the parties thereafter shall be 

released from any further obligation under this Agreement. 

The parties hereto agree that they shall take all such actions and execute 

all such documents as are necessary or advisable to carry out the terms of 

this Agreement. 

C:\Documents And Settings\Eileens\Local Settings\Temporary Inlernel Files\OLK5VIOUSING AGREEMENT (FINAL)'D ochpt 23'ZOOq lZ:¡1 6t'6J

I 

lN WITNESS WHEREOF the parties have executed this agreement on one or 

more pages of the General Instrument forming Part 1 of this Agreement. 

END OF DOCUMENT 

C:\Docùmonts And Settings\Eileens\Local Settings\Temporáry lnternet Fi|eS\OLK5U{OUSINC AGREEMENT (FINAL).DocAp¡23,2009 tZ:¡jlÑlñ¡



A bylaw to amend the City of Vernon's Plan 

Vernon Bvlaw Number 4676 

WHEREAS the Council of The Corporation of the City of Vernon has determined to 

amend the "Plan Vernon Bylaw Number 4676,2001"i 

AND WHEREAS all persons who might be affected by this amending bylaw have, before 

the passage thereof, been afforded an opportunity to be heard on the matters herein 

before the said Council, in accordance with the provisions of Section 890 of the Local 

Govemment Act, and all amendments thereto; 

NOW THEREFORE the Council of The Corporation of the City of Vernon, in open 


1. This bylaw may be cited as "1900 31 'A' Sireet Plan Vernon Amendment 

Bylaw Number 5135, 2008". 

2. That Schedule "4" of Plan Vernon Bylaw Number 4676 is hereby amended 

as follows: . 

That the following legally described lands be redesignated from "Residential 

- High Density" to "Public lnstitutional" 

Legal Description: 

Lot A, Plan KAP85364, ODYD 

1900 - 31 ',4', 

as shown on Schedule "A' attached hereto and forming part of this bylaw' 

168 

GICLERICBYLAWS\PLAN VERNON\ocPamd 5135 - 1900 31 A Street.doc

PAGE 2 


3. Plan Vernon Bylaw Number 4676 is hereby ratified and confirmed in every 

other respect. 

READ A FIRST TIME this 25th day of March, 2008. 

READ A SECOND TIME this 25th day of March, 2008. 

PUBLIC HEARING held this 28th day of April, 2008. 

READ A THIRD TIME this 12th day of May, 2008. 


Mayor 


169 

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THE CORPORATION OF THE CITY OF VERNqN 


A bylaw to amend the CitY of Vernon 

Zoning Bylaw Number 5000 

WHEREAS the Council of The Corporation of the City of Vernon has determined to amend 

the City of Vernon Zoning Bylaw Number 5000; 

AND WHEREAS all persons who might be affected by this amendment bylaw have, before 


before the said Council, in accordance with the provisions of Section 890 of lhe Local 


NOW THEREFORE the Council of The Corporation of the City of Vernon, in open meeting 

assembled, enacts as follows: 

1. This bylaw may be cited as the "1900 31 'A'Street Rezoning Amendment 

Bylaw Number 5136, 2008 ". 

2. pursuant the Official Zoning Map, Schedule "A" attached to and forming part 

of Bylaw Number 5OOO, is hereby amended as follows: 

That the following legally described lands be rezoned from 'RH1 - 

Apartment Residential' to'P2 - Public lnstitutional' 

Low Rise 

and by changing the Zoning Map accordingly, all in accordance with the outlined areas as 

shown on Schedule'4" attached to and forming part of this bylaw. 

G:\CLERK\BYLAWS\ZONING AMENDMENTS\AMENDMENTS TO sOOOVONAMD 5136'19OO 3'I A SITE€I'dæ 

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PAGE 2 


3. Zoning Bylaw Number 5000 is hereby ratified and confirmed in every other 

respect. 



PUBLIC HEARING held this 28th day of April, 2008. 

READ A THIRD TIME this 12th day of May, 2008. 

APPROVED pursuant to the Transportation Act this 20th day of May, 2008. 

"John Wanruick" 

John Wanryick, Dist. Dev. Tech. 

Ministry of Transportation 


Mayor: 

City Clerk: 

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TO: P. Bridal, Corporate Officer 

PC: K. Flick, Manager, Planning & Building Serv. 

E. Stranks, Manager, Engineering Dev' Serv. 

DATE: April 30,2009 

FILE: 3340-20-00033 

(ocP00033) 

3360-20-00112 

(2oN00112) 

FROM: D. Rintoul, Planner 

SUBJECTz tHA- OCP Amendment Bytaw#5135 and Rezoning Bylaw#5136 

PURPOSE: 

To advise the Corporate Officer that the approval conditions related to Bylaws #5135 

and #5136 have been satisfied so the bylaws are at the stage they can be considered 

by Council for 4th Reading and Adoption. 

BAGKGROUND: 

1. At their Regular Meeting held on March 25,2008, Council adopted the following 

resolution: 

'THAT Council support the OCP amendment application submitted by 

offTcials of lnterior Health Authority (lHA) to re-designate a portion of Lot A, 

Plan K4P85364, ODYD (1900 - 31 'A' Street) from Residential - High 

Density to Public lnstitutional, as shown on Figure 9. 

AND FURTHER, that Council support the application submitted by officials 

of IHA to rezone portions of Lot A, Plan KAP85364, ODYD (1900 - 31 'A' 

Street) from RH1 - Low Rise Apartment to P2 - Public lnstitutional, as 

shown on Figure 10, in order to construct off-street parking for the Vernon 

Jubilee Hospital, subject to the following conditions: 

1. The owner is to dedicate road right-of-way along 31 'A' Street and 

a corner cut-off at 21 Avenue, as shown on Figure 8; and 

2, The owner will enter into a Development Agreement that will 

govern the construction of the off-street parking area and 

ãssociated tandscaping, irrigation and lighting works and the offsite 

works along 31 'A' Street and 21Avenue." 

1,7 4

-2- 

2. on May 12,2008 Council for Bylaws #5135 and #5136' ln 

accordance with the City's 

e appíicant has one year from.3'd 

Reading to complete añy 

a bylaw prior to the bylaw being 

considered for 4tn Reading ion. 

3. The two fotlowing conditions related to the IHA bylaws have been satisfied: 


a) The road dedication plan to widen the 31 'A' Street right-of-way was 

registered on september 16, 2008 under Plan K4P87503; and 

b) Engineering staff have approved the civil drawings and securities 

relãted to the off-site works along 31 'A' Street and 21 Avenue. 

planning staff have approved the landscape, irrigation and lighting 

plans associated with the new parking area' 

That Bylaws #5135 and #S136 be placed on the Agenda of Council's Regular Meeting 

for theii consideration of 4th Readings and Adoption. 

Dale Rintoul 

Planner 

DMR:lh 

Attach. 

ctptanEng\2009\MoA\3360 

Zoning and Rezoning\2o Apptications\oo112 3360 32 SI\O9O43O dmf memo to Patti re IHA OCP & Rezon¡ng Bylaws.docx 

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NOW THEREFORE the Council of The Corporation of the City of Vernon, in open meeting 


1. This bylaw may be cited as the "3507 - 33'd Street Rezoning Amendment 

Bylaw Number 5185, 2009 

Z. pursuant the Official Zoning Map, Schedule "4" attached to and forming part 


That the following legally described lands be rezoned from "C4 - Street 

Oriented Commercial" to "P2- Public lnstitutional"' 

and by changing the Zoning Map accordingly, all in accordance with the bolded area as 

shown on Schedule "4" attached to and forming part of this bylaw. 

L7I

PAGE 2 

BYI-AW NUMBER 5185 


respect. 

READ A FIRST TIME this 23'd day of March, 2009. 

READ A SECOND TIME this 23'd day of March, 2009. 

PUBLIC HEARING held this 27th day of April,2009. 

READ A THIRD TIME this day of , 2009. 

APPROVED pursuant to the Transpoñation Act this day of , 2009. 

John Warwick, Dist. Dev. Tech 

Ministry of Transportation & lnfrastructure 


Mayor: 


L79

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TO: L. Gous, CAO 

PC: K. Flick, Manager, Planning & Building 


DATE: May 1, 2009 

FILE: 2ON00130 

DVP00150 

FROM: D. Rintoul, Planner 

SITBJECT: 3507 33'd STREET REZON¡NG AMENDMENT BYLAW #5185 STAFF 

RESPONSE TO PUBLIC HEARING SUBMISSIONS 

Purpose: 

To present Council with the staff response to submissions at the Official Public Hearing 

for Bylaw #5185 held on April2T ,2009. 

Public lnput and Staff ResPonse: 

Pete Kapak 

3600 - 32nd Street 

lnput and Staff ResPonse 

. Concerns as to how this came to be with small lots' 

. Required setbacks for redevetopment make it hard to use his 

small lot. 

white house on 32nd between two commercial 

buildings Is undevelopable - wants to avoid this situation with 

. C4 zoning - 

this house. 

. Situation makes it impossible to develop without numerous 

variances. 

. Will put strain on him to ever make a development on his own 

propertY. 

o Trying to sell since last fall. 

. Cóntãcted duplex owner, and there was no interest in buying 

his property to alleviate need for variances. 

. Concerned people go ahead and get variances when property 

is available to alleviate. 

o Leaves remaining properties unable to develop' 

o School Board disappoints, in that they are asking for nonconformance. 

o Not totally against, but will mean he will be in front of Council 

requesting variances. 

. Hoping a commercial proposal will buy him out, but piecemeal 

deüelopment with variances causes a chain reaction where 

more variances are going to be needed.

o lf his house ever burned down, it would be very hard to 

redevelop. 

. concerned regarding fencing between the two buildings. 

o Fence is held up with a few bolts. 

. Fence needs replacement. 

Staff Response: 

. ln tfre early 1900's the area was developed into small lots for 

single family dwelling purposes. In the last 50 years the area is 

beiñg redeveloped for commercial, institutional and multiple 

family residential uses. 

. The minimum building setbacks in the C4 zone, which applies 

to the Kapak property, are significantly less than set out in the 

P2 zone which is proposed for the subject property. The c4 

zone setbacks are also less than any of the residential zones 

which govern some properties in this area. Therefore, 

redevelõpment options as per the C4 zone are available for the 

Kapak propertY. 

. New good neighbour style fencing on both sides and along the 

rear lót line of the subject site will be required as a condition of 

DP approval. 

Wayne Balcombe 

3505 - 33'd Street 

Shares previous speaker's concerns. 

Leaves his property much harder to develop' 

students who will attend do not fit into regular institution. 

school Board should be a model of compliance, not non 

conformance. 

Too much public institutional zoning in area' 

Reduced parking is a big concern. 

Rec Centre parking is used 10oo/o every day by people who 

work downtown. 

Taxpayers are providing free parking for small group of people. 

Traffic concerns with high speeds - dangerous traffic situation' 

'Big square peg into a small round hole'' 

Variances are too many and too big. 

. Opposed to this aPPlication. 

. School Board should be setting an example in the community. 

. Should build a building that fits for kids that don't fit' 

o Huge problem with runoff and pollution from this property to his 

- nêeds a retaining wall if it goes ahead' 

. This plan calls for no green space whatsoever' 

. BelAir Motel does not have any green space. 

. Schell Express Motel has little green space. 

. Whole block lacking in green space.

-3- 

. When the south side dentist office went in, the dentist and 

developer had to comply with letter of law with no variances. 

o Turned out to be a nice office, with green space due to this. 

. Now this application does not want to comply with anything. 

. lnappropriate location. 

. Duplex is run down and neglected and he is not happy with it 

currently, but could be better developed than this proposal' 

Staff Response: 

. The subject property is within the City Centre District as 

designated in the OCP. This District allows for institutional uses 

and does not specify where in the District these uses are to be 

located. The proposed rezoning application conforms to the 

ocP. 

. The OCP emphasizes that our community should be less reliant 

on the use of single occupant vehicles and increase the use of 

other forms of transportation. Reduced parking on this project 

and increased bicycle spaces moves toward that OCP 

objective. 

o The concern regarding non users of the Rec Centre complex 

using the Rec Centre parking area has been raised in the past 

and was referred to Parks, Recreation and Culture. To-date 

there have not been any formal parking restrictions placed on 

the various parking areas within the Rec Complex lands. On a 

related matter, the City Centre District Neighbourhood Plan will 

be prepared in 2009 and transportation issues such as parking 

and transit will be important components of that review and final 

plan. 

o The project architect was requested to provide a building 

design that is complementary to the Performing Arts Centre 

building. The colours on the exterior of the proposed building 

will be complementary to the Performing Arts Centre building. 

. Run off from the subject property must be contained on-site and 

connected to an approved storm drainage system. 

o The City Transportation Technician has reviewed the concern 

about vehicle conflicts arising from left turn movements along 

33'd Street fronting the subject property and a nearby vehicle 

access to the Rec Centre parking lot. The Technician has 

advised there are no warrants at this time that require a change 

to the on-street parking, travel lanes or access provisions in this 

area. ln the future there may be a need to convert the subject 

access to the Rec Centre parking lot to "right-in/right-out only". 

Further, so 

rking may be removed or 

modified to 

ong 33'o Street and left-turn 

intersection. 

lanes at the 

o The adjacent BelAir Motel and Schell Express Motel properties 

along 32nd Street were developed under tourist commercial 

zoning provisions which did not have the same open space 

requirements for multiple and single family developments in the 

alea. 83

-4- 

o The City bylaws, OCP and capital works program require 

boulevard trees as well as trees on private property. The 

Zoning Bylaw requires boulevard and on-site trees. These will 

be shówn on the landscape plan which forms part of the DP for 

the project. 

Recommendation: 

1. Thatcouncil approve Bylaw#5185to rezone LotA, Plan 35121, Sec.3, Tp.8, ODYD 

(3507 - 33'd Sireet) from C4 - Street Oriented Commercial to P2 - Public Institutional 

in order to construct a public educational facility for the School District 22 Alternative 

Learning Program. 

2. That Council approve Development Variance Permit #DVP00150 to vary the following 

provisions of the P2 - Public lnstitutional zone in Zoning Bylaw #5000 as it relates to a 

proposed educational facility on Lot A, Plan 35121, Seé. 3, Tp. 8, ODYD (3507 - 33'd 

Street): 

a) to vary the minimum front yard setback from 6.0 metres to 3.0 metres; 

b) to vary the minimum north side yard setback from 4.5 metres to 1.8 metres; 

c) to vary the minimum south side yard setback from 4.5 metres to 2'3 metres; 

d) to vary the minimum rear yard setback from 7.5 metres to 1.2 metres; 

e) to vary the minimum off-street parking requirements from 12 parking stalls 

to 7 parking stalls; 

Ð to vary the minimum off-street car loading requirements from 5 car loading 

stalls to 0 stalls; and 

g) to vary the minimum off-street bus loading requirements from 3 bus loading 

stalls to 0 stalls. 

council's approval is based upon the following conditions: 

a) One of the off-street parking stalls is to be signed and designated as a 

loading and drop-off stall. This stall is not to be designated the handicap 

parking stall; 

b) Good neighbour style fencing is to be installed along the north, east and 

south property lines of the subject property; 

c) The number of on-site bike stalls is to be increased from 6 to 11 stalls; and 

r84

-5- 

The site and building elevation plans are to form part of and are to be 

attached to the Development Variance Permit as Schedule 'A'. 

Dale Rintoul 

Planner 

DMR:lh 

ctplanEng\2oo9WOA\gg6o 

Zon¡ng and Rezoning\20 Applications\oo13o 3507-33 St\090501 dmr memo re PH Response ZoN00l30 & DVP00150'docx 

185











NOW THEREFORE the Council of The corporation of the city of vernon, in open meeting 


1. This bylaw may be cited as the "2000 Pottery Road Rezoning Amendment 

Bylaw Number 5186, 2009 

2. pursuant the Official Zoning Map, Schedule "A" attached to and forming part 


That the following legally described lands be rezoned from 'A3 - 

Holdings" to "R2 - Large Lot Residential" 

Rural Small 

and by changing the Zoning Map accordingly, all in accordance with the bolded area as 

shown on Schedule "A" attached to and forming part of this bylaw' 

186

PAGE 2 

BY1AW NUMBER 5186 


respect. 

READ A FIRST TIME this 23'd day of March, 2009. 

READ A SECOND TIME this 23'd day of March, 2009. 



APPROVED pursuant to the Transportation Act this day of , 2009. 

John Warwick, Dist. Dev, Tech 



Mayor: 


L87

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E-A¡tlNO Al{D BULDNI,IO 

SERV|CES 

Írl.Er ZON0013I - Poivesan (20æ Pottery 

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Zoninq Bylaw Number 5000 

WHEREAS the council of rhe corporation of the city of Vernon has determined to regulate 

the number of slot machines permitted in the City of Vernon Zoning Bylaw #5000' 

AND WHEREAS ail persons who might be affected by this amendment byraw have, before the 

passage thereof, been afforded an opportunity to be heard on the matters herein before the 

said council, in accordance with the provisions of section gg0 of the Local Govemment Act, 

and all amendments thereto; 

Now THEREFoRE the council of rhe corporation of the city of Vernon, in open meeting 


l.Thisbylawmaybecitedasthe''ZoningText(400SlotMachineLimit)Amendment 

Bylaw Number 5180, 2008". 

2. 

follows: 

The city of Vernon Zoning Bylaw Number 5000 be, and is hereby amended as 

-' .!ã,,.'¡ng facilities" io change the limit in the numbe 

ti¡tnin tie boundaries of the City of Vernon from a 

(300) to 

" må*itum of four nináred (4o0) slot machines' AND to limit the 

number of Gaming Tables to Ten (10) as follows (in red): 

a) Section 2 - 

lnterpretation,.Subsection 2'3'3 by 

GAMING FACILITIES means 

games and maY include g 

license issued bY or under 

includes a social cub for whi 

authoritY. Games of chance 

regulated bY the Provincial au 

¿OO slot machines licenced 

boundaries. Once the 400 slot 

not sanction, approve and licence any further slot machines' Gaming 

tables will bte limited to a maximum of 10' 

189

BYLAW 5180 

PAGE 2 

3. Zoning Bylaw Number 5000 is hereby ratified and confirmed in every other respect. 





APPROVED pursuant to the Transportation Act this day of , 2009. 


John Warwick, DeveloPment Tech. 


Mayor: 


190


BYLAW NO. 5197 

A bylaw of the Gity of Vernon to establish a local service area for the 

purpose of providing Sanitary Sewer Service to benefit of Tronson Road 

Sewer Local Area Service #2 

WHEREAS pursuant to the provisions of Section 210(2\(a).o! the. CompqnltV 

Chafter, the'Council of the City of Vernon is empowered by bylary to.undertake 

any work or service coming wiinin the power.s of the municipality for the special 

behefit of a local service area of the municipality; 

AND WHEREAS pursuant to the Pr 

Chafter, the Council of the City of 

owners of certain properties to 

maintain Sanitary Sewer Service in 

AND WHEREAS the Municipal Officer assigned the responsibility for Gorporate 

Administration for the City'of Vernon und-er Section 148 of the Com.munity 

Chafter has determined tñe sufficiency of the petition under the provisions of 

Section 212 ollhe Communtty Chañer,âttached as Schedule "C"; 

AND WHEREAS the provisions of Part7, Division 5, of the Community Chafter 

have been complied with; 

NOW THEREFORE the Municipal Council of the City of Vernon, in open meeting 


1. "4" attached to 

Gity of Vernon 

, which area is 

2. The Gity of Vernon is hereby authorized to provide, operate, maintain and 

to unddrtake and carry out, or )ause to be carried out, Sanitary Sewer 

- 

shown and described in the general plans and 

on Road Area from 8428 to 8590 Tronson Road as 

3. ized to acquire all such real property, 

enter into leases, and to obtain other 

uired or desired in connection with the 

in Section 2 of this bylaw. 

4 

i19 3'o,s['$ $"ïî9",:î.''3i,1ås'3li 

Behefiting Area is $14,953.00 or 

191_

PAGE 2 


5. loca 

of th 

add 

suffi 

e as other general municipal levies. 

6. Anv oerso ubiect charoed under this 

bvläw. ma ne'-t¡m cost õf construction 

a3ses'sed withi receipt. of written 

instruction in the per service. 

7. The Council may, by bylaw, merge this benefiting area with any other local 

service area created to provide sanitary sewer works whether contiguous 

or not, for the purpose of providing, consolidating or completing necessary 

works for such merged areas. 

8. This bylaw may be cited for all purposes as the "Tronson Road Local Area 

Service No. 2 Establishment Bylaw No. 51 97 ,2009". 

READ A FIRST TIME this day of , 2009. 

READ A SECOND TIME this day of , 2009. 


ADOPTED THIS day of , 2009. 

Mayor 

r92

PAGE 3 


SCHEDULE "A'' 


Part of Bylaw Number 5197 

TRONSON ROAD LOCAL AREA SERVICE #2 

r_93

PAGE 4 


SCHEDULE "B' 



BENEFITING PROPERTIES 

1 LOT 18 PI.AN 8548 DL 298 ODYD 





6 LOT 23 PLAN 8548 DL 298 ODYD 

7 LOT 24 PLAN8548 D1298 ODYD 

I LOT25-26 PLAN8548 DL298 oDYD 

9 LOT1 PLAN11523 D1298 ODYD 


LL LOT 28 PI.AN 8548 DL 298 ODYD 

T2 LOT 29 PLAN 8548 DL 298 ODYD 

13 LOT 30 PLAN 8548 DL 298 ODYD 

L4 LOT31 PLAN8548 D1298 ODYD 



L7 LOT34 PLAN8548 D1298 ODYD 

8428 TRONSON RD 





85OO TRONSON RD 












194

PAGE 5 


SCHEDULE "C'' 




IN THE MATTER OF THE COMMUNITY CHARTER 

PART 7, DIVISION 5 

CERTIFICATE OF THE CLERK 

WHEREAS the Council of The Corporation of the City of Vernon authorized the City to 

proceed by way of Section 212 to undertake a local improvement in order to provide for 

a sanitary sewer along a portion of Tronson Road.; 

AND WHEREAS the total estimated cost of the work is $155,210 (not including interest), 

of which shall be the owners share. 

THEREFORE, l, Patricia Bridal, the duly appointed Corporate Officer for The 

Corporation of the City of Vernon, do hereby determine and certify that the local service 

area be carried out, and is supported by the following: 

(i) 

Thirteen (13) of the Seventeen (17) property owners or 760/o of the land owners 

petitioned for the said works. 

(¡¡) 

The total taxable value of the land liable to be specially charged is $20,236,700. 

The value of the land owned by 13 of the owners who petitioned for the works 

is $16,477,000 or 760/o oÍ the parcels liable to be specially charged, which is 

SIGNED: 


DATED: 

March 26th, 2oog 

195

sø me for eounciL itl fo r-Tnãtiþll 

lrom the BC Ambulance Servlee website and pr'ovide

Britlsh Golumbia Ambulance Service 

BC Ambulance Service IBCAS) Statistics 

BCAS Annual Budoet 

2OO3|20O4 20O4/2OO5 2005/2006 2006/2007 2OO7|2OO8 

Area Covered 

Area of responsibility 


Total Population Served 

Total BCAS Coverage Area 

929,730 sq. km. 

Available Resources 

3,471 (CUPE 873) 

Total Field Paramedics 

Full-time: t,427 

Part-time: 2,044 

Total Management staff 

129 (includes shared services staff) 

223 (includes shared services staff) 

470 

4t 

9 dedicated aircraft (3 helicopters, 6 

aírplanes) and 40 ad-hoc carriers 

187 

4 (three ground, one air) 

76 

77 

Ambulance Station Desionation 

Ambufance Stations 

2OO7 /2OOA 

36 

35 

50 

66 

r87 

197

Britlsh 

Columbia Ambulance Service 

Call Tvoes 

In 2OO7/08, falls/back injuries, traffic accidents, sick person (specific diagnosis), 

unknown problem (man down), breathing problems, chest pain and 

unconscious/fainting were the most common types of pre-hospital emergency calls 

received by BCAS, 

Call Volume 

Ground 

Pre-hosoital 31L.921 334.278 352,7L6 366.589 373.728 

lnter-facilitv 1.20,362 1.32,77 4 t44,233 L54,799 L52.287 

Total 432,283 467,O52 496,949 52L,388 526,0L5 

% increase 

804 640 492 089 

from prior year 

Air 

7,41.6 7,797 7,966 8,297 8,673 

% increase 

from prior vear 

5.14 2.17 4L6 453 

Call Volume: Vancouver Island 

F¡SCALYEAR 2OO3|2OO4 2OO4lzOOs 200'|2006 2006/2007 20O7|2OO8 

lnter-facilit 

Call Volume: Lower Mainland 

FTSCALYEAR 2OO3|2OO4 2O04/2OO' 2OOsl2O06 200612007 20O7|2OO8 

214,226 

GallVolume: Interior 

FTSCALYEAR 2OO3|2OO4 2004l2OOs 2O0s/2006 200612007 2OO7l2OO8 

r_98

British Columbla Ambulance Service 

Call Volume¡ Nofthern 

FrscA[yEAR 2OO3|2OO4 20O4l2OOs 2OOsl20O6 2006/2007 2OO7|2OO8 

L8,710 

(Note missing from regional data is less than I - 1.4%of the total call volume due to an inabilityto accurately 

allocate a small number of events in each fiscal year) 

Provincial Proorams 

Within BCAS there are four geographic regions: Vancouver Island, Lower Mainland, 

Interior and Northern. The programs that cross all of the regions form the fifth part 

of BCAS Operations: Provincial Programs. Within Provincial Programs there are four 

program areas: 

. ProvincialScheduling 

. The Emergency Management Office 

. Fleet Operations 

. The Air Ambulance and Critical Care Transport Team 

Air Ambulance Budoet 

2003/2004 2OO4/2O05 2OOsl2OO6 200612007 2OO7|2OO8 

Air Ambulance: Resource Deolovment 

FTSCALYEAR 2003/2004 2004/200s 200'/2006 2006/2007 2OO7|2OO8 

Fixed Wing Miles 

Flown 

2,759,4r9 2,277,105 

FTSCATYEAR 2OO3{2OO4 2OO4|2O05 2OOs/2006 200612007 2OO7|2OO8 

20,353,590 

199

British Co lumbia Ambulance Service Statistic s 

Page 1 of2 

. fri,rì rstrÌr lßome 

Eritish Golsmbia 

Arnbulance $ervice 

British Columbia Ambulance Seruice Statistics 

Ambulance Response Call Volumes 

Goi,ern r¡snt ¡f Bnt¡slì Çolunrf--ia 

The following table shows the number of ambulance responses by year for our regular 

ground ambulances as well as for our air ambulances. 

FiscalYear 1997/98 1998/99 r999/2000 2000t2001 2001t2002 2002t2003 

Ambulance 385,877 399,252 415,705 430,144 453,448 468,413 

Air Ambulance 6,823 6,217 6,335 6,966 6,788 6,950 

Call Urgency Profile 

BCAS ground ambulance call volumes are broken into 3 major categories of call: 

Emergency (lights and sirens); Non Emergency (no lights and sirens) and inter-hospital 

transfers. The following table shows this breakdown. 

Category 

Emergency 39.8% 

% of Galls 

Non Emergency 43.7% 

Transfers 

16.5o/o 

Pre-Hospital Call Types 

The following table shows a more detailed breakdown of the types of pre-hospital 

ambulance responses. lnter-hospital transfers are not considered pre-hospital responses. 

GallType 

olo 

of 

Calls 

GallType 

o/o 

oÍ 

Galls 

Falls/Back lnjuries (traumatic) 11.8o/o Heart Problems 1.1o/o 

Sick Person (non-priority) 11.30/o Cardiac/Respiratory Arrest 1.1% 

Traffic Accidents 

10.9o/o 

Allergies/Hives/Med 

Reactions/Stings 

Unknown Problem (man down) 8.9o/o Headache 0.5o/o 

Breathing Problems 7.9% Preg nancy/Childbirth/M iscarriage 0A% 

Chest Pain 7.7% Burns/Explosion 0A% 

Unconscious/Fainting (nontraumatic) 

0.7% 

63% Choking 0.4o/o 

Traumatic lnjuries, Specific 4.4% Stab/Gunshot Wound 0.2% 

Psych iatric/Su icide Attempt 3.9% Animal Bites/Attacks 0.2% 

200 

http://www.llbc.leg.bc.calpublic/PubDocs/bcdocsl406394lstatistics.htm 

412912009

British Columbia Ambulance S ervice Statistics Page2 of 2 

AssaulURape 3A% Eye Problems/lnjuries O.1o/o 

Abdominal Pain/Problems 3.3o/o HeaVCold Exposure 0.10Â 

Convulsions/Seizures 

3.3o/o 

Carbon 

Monoxide/l n halation/HazMat 

0.1o/o 

Hemorrhage/Lacerations 3j% Drowning (near)/Diving Accident 0.1% 

Overdose/l ngestion/Poisoni ng 2.7% lndustrial/Machinery Accidents 0j% 

Stroke (CVA) 2.2% Electrocution 0.0o/o 

Diabetic Problems 1.8o/o I nterfacility/Palliative Care 0.0% 

Back Pain (non{raumatic) 

1.7o/o 

BC Ambulance Service Annual Budget 

2001t2002 2002t2003 200312004 

$191.1 Million $187.6 Million $190.5 Million 

Coverage: 

Total population served 

Total area covered by the BCAS 

Population density 

3.9 Million 

926,492 sq. km. 

4.2 people per sq. km. 

Resources: 

Totalfield paramedics/EMA's 3,177 

Total ambulances and support units 450 

Total ambulance stations 190 

Defibrillators: 

BCAS has semi-automatic external defibrillators in all Basic Life Support (BLS) ambulances 

and manual defibrillators in allAdvanced Life Support (ALS) ambulances. 

Emergency Medical Dispatch Gentres: 

3 Regional Dispatch Centres 

o Victoria 

¡ Vancouver 

o Kamloops 

1 Provincial Air Ambulance Coordination Centre 

o Victoria 

Last Revised: October 25,2006 

20r 

http://www.llbc.leg.bc.calpublic/PubDocsibcdocsl406394/statistics.htm 412912009

Statistics obtained from 'Save BC 

Am bula nce Para medics' website: 

http : / / www,saveou rpa ra med ics. co m / reg i o 

ns,php#okag 

Thompson Okandgan - Cariboo 

The Thompson Okanagan - Cariboo are hard hit by the shoftages of 

both ambulance resources and trained paramedics. Rural and remote 

stations are increasingly unable to staff their ambulances as it has 

become very difficult to attract new employees, partially due to the high 

cost of paramedic training in BC. It is also difficult to retain staff in 

rural and remote areas as the $2.00 an hour pager pay is not 

competitive compensation in today's economy. 

Resource Shortage 

Okanagan Region Call Volumes 

80000 

n 70000 

o, 

Ç eoooo 

t soooo 

þ loooo 

E 

å 30000 

roooo 

Ë roooo 

0 

37U2 

48185 

75883 

r991lt996 t9S9l20É,O 2005/2006 

FkdPerlod 

and Kamloops, have faced growing call volumes with little or no 

increase in resources in the last 10 years. This results in the larger 

centers being reliant on nearby communities to help respond to 

emergency calls in the cities. As ambulances from surrounding 

communities are drawn into the cities, the surrounding communities are 

left with no ambulance coverage for extended periods of t¡me. 

202

This increasingly common practice increases the response times to 

emergency calls as often the responding ambulance is coming from a 

great distance. 

Recent polls indicate that the public is fed up with the deteriorating 

service being provided by BC Ambulance and there is strong public 

support for an increase in pre-hospital resources. 

Downsized Communities 

Despite the recent announcement that BC Ambulance are finally filling 

22 vacant Unit Chief positions around the Province, there are still some 

communities that have been identified to have their full time paramedic 

positions eliminated. Merritt, Oliver, and Chase are among the 

communities BC Ambulance announced will be downsized immediately. 

W¡th call volumes nearly doubling in recent years, downsizing staffing 

levels in these growing communities is shoft sighted and has a negative 

impact on the morale of the remaining paramedics. 

Out of Seruice 

In some rural and remote stations in the Thompson Okanagan - 

Cariboo, such as Alexis Creek, Logan Lake and Clearwater, there is such 

a shoftage of paramedics that there are days when there is no one 

available in the community to staff the local ambulance. This creates a 

situation were the ambulance is out of service and unable to respond to 

emergency calls until staff become available. In other situations, one 

paramedic may be available in a community, and may act as a first 

responder until a second paramedic becomes available to fully staff the 

ambulance. In both these situations, ambulances from nearby 

communities must respond to calls in the affected community, which 

increases ambulance response times. Occasional staffing shortfalls are 

unavoidable, due to seasonal considerations, injuries, and shoft notice 

book-offs. Some communities however, such as Alexis Creek, display a 

continued trend of staffing shortfalls. A standby wage of $2 an hour is 

not enough to keep paramedics in these communities. 

203

Commuolty 

,op..¡üo6 

ffi 

tfft ffiP'',ro'*c.* 

A¡rbrd¡¡rc¡¡ Aorh¡fr¡¡cc¡ Amh¡anccg 

Iotrl 

fet¡l 

Amhd.nc", Alù¡rmcc¡ 

A¡s 1!t95c¡r 20oa 

Drydrn r{ûñtmc 

st'üon voh¡¡rn 

A¡¡rbdræc¡ Anil¡¡l crl¡ 

c|ll G¡t vor¡ne 

voþrnc hcrcr¡G Adùdslm 

ltc¡ 

t.' 

A¡ntd..r. 

1OO M[e House 20,000 Rural 0 I I 2 2 No 1,032 1.520 47.29% 0 ,Q 

Abbotlord 1æ.O50 Metro 3 2 0 5 3 Yes r2.7æ 27.9(x) 118.65t6 2 33S 

Aoassiz 5.500 Uròan 0 I 2 2 2 No 1,538 2,467 60.¿tO% o l2ta 

Atrcrt Bav l.2q) Remotc 0 0 I I I No 129 200 55.0¿f% 0 200 

Anahlrn I¡Ie 6(þ lcmotc 0 0 I 1 t No 153 153 o.dtx o t¡¡ 

Baniere 3,000 Rural 0 I 1 I I No 356 785 120.79% 0 ,aa 

Bb Whlte t.5(n Remote o 0 I 1 I No 119 N/A I Itt 

Boston Bar 475 Rcmote 0 0 2 2 2 No t7fJ 385 L26.47o/n 0 19t 

Bowcn Isbnd 5.fiX) Rernotc 0 0 I I I No 159 260 63.52olo 0 2ao 

Burnaby 20s.261 Metrc 2 2 o 4 2 No 7,345 r4,305 94.7601o I 3St¡ 

&rns !¡ke 2,to7 Rural o I 2 2 2 No 583 859 17.34o/o o alo 

Carnobeü Rlvcr 31,294 Urbeô 1 0 2 3 3 No 2,4t8 ¡1,O82 68.82% o T¡61 

Chüwack 80.ooo Urban 2 2 1 5 3 Yes 6.959 11.657 67.51o/o 2 2ttr 

Ocarratêr 5,(m Rur¡l 0 0 2 2 2 No 35t 531 4r.32% 0 t¡¡ 

Clinton 800 Remote 0 0 I I 1 No t22 223 82.7901o 0 22t 

Coouitlam 175,187 Metro 1 2 0 3 1 No 4.923 rr.207 l27.650/o 0 3t36 

Cout¿n¡v 65.ftoo Urò¡n I I 2 3 3 No 3,1 18 4,965 59.240t6 0 lc35 

Crenbrooü 23.@ lrrà¡¡r 0 I 2 3 2 No 1.667 3,2G' 92.50'6 I ¡or0 

Cruston r5.(Ðo Rurðl o I I 2 2 No 808 1.378 70.S1o/o 0 6t9 

Denrnan Island 1.ó00 Rcrnote 0 0 I I I No 128 116 -9.38% o 1t6 

Fern¡€ 9.dn ù¡ral 0 I 1 2 2 No 532 954 79.32% 0 1T' 

Fort St. John 1¿¿ræ llrò¡n 0 I I 2 2 No 843 2,717 225.86% 0 ltta 

Gob R.lver 3,(m lw¡l 0 0 I I I No 203 2U 15.27/o 0 23a 

Golden 4.¿m Itral 0 0 2 2 2 No 425 731 7z.UtX 0 t¡a 

ùlooc 6.198 R¡¡rC 0 I I 2 2 No 1,416 ¿1,5(X 218.O8q6 0 2:2J2 

X¡rnlooæ 95,OOO Uròan 2 2 2 6 4 Yes 7,t24 12,206 7l.34olo I 20ta 

Kdæn¡ 165.596 tlrö¡n 3 I I 5 3 Yes 8.740 t7,t26 95.95% I ta2s 

Íefrlneog l.7(x) Rcrnote 0 0 2 2 2 No 393 a47 115.520ó ¡ a2a 

Klnberlv 7.500 Rural o I I 2 2 No 624 I,4EE 138.469o o ,tu 

t¡noda 117.332 ì/lctfo 2 I o 3 2 No 7,W t4,7U t:ú.22/" o 0l 

t[ooet 5.(x)o Rural 0 o 2 2 2 No 127 u6 51.29% 0 tz! 

N) 

o È

Lions Bav 1,32t Urù¡n 0 1 1 2 2 No 1,36t 1,357 {.to% 1 í',rt 

toqan l¡kc 2,300 Ramotc o 0 1 1 1 No 209 723 245.93o/o 0 ,2t 

Lvtton 2.5æ R.mote 0 0 1 1 1 No 195 3¡14 76.41Y" 0 3aa 

Mackenzþ 5.fxx) Remotê 0 0 2 2 2 No 302 316 4.Øoh 0 t5t 

ltôdc¡ta Pert 2.371 Remote o o 1 1 I No 202 268 32.670/o 0 264 

l¡lcrritt 7.000 Rural 0 I I 2 2 No 1.069 2.O39 90.749o o 1020 

l¡lldway 1.tæ Remote 0 0 1 1 1 No t5 141 65.88,6 o lal 

Ml[ Bav 1r,852 Rural 0 I 1 I I No 6t8 950 3t.0r% 0 950 

Nakusp Lt(x) Remotê 0 0 2 2 2 No 250 338 35,20% 0 1¡9 

Nanaimo 88,000 Urban 2 2 3 7 4 Yes 7,502 t4,787 97.1190 2 2112 

North Delta 101,6tt Metro 2 2 0 4 2 No 5.321 10,913 105,09% 2 ,rrt 

llorth Vancouvcr r31.810 Metro 3 I o 4 3 Yes 9.644 13.217 37.36o1a I 3312 

Osoyoos 5.dx) Rur¿l 0 I 1 1 I No 779 1.334 85.S¡t% 0 r33a 

Peacùland 5.369 ReÍiote o 0 I I 1 No 279 871 2l2.l9o/o 0 ar'. 

PemÞerton 5,(m iural 0 1 2 2 2 No 914 931 1.t696 0 ¡¡aa 

Pendcr lsbnd 2,000 R.ur¡l 0 0 I I 1 No 138 245 77.S4olo 0 2a5 

Pcntlcton 43.313 urban I I I 3 2 No 4,t97 s,972 42,290to o 1991 

Port lbern¡ 25.400 tlròan I 0 I 2 2 No 1.825 3.549 94.47o1o 0 t7r3 

Port Clements a5(t Remot 0 0 1 I 1 No 31 41 32.269l, 0 al 

Port Hrrdv 5.000 RwC 0 I I 2 2 No 697 936 34.29o/o 0 ¡l6t 

Port ¡.lcllc[ 3.5{X) Rtnal 0 I I 2 2 No 442 783 77.l5olo 0 302 

Port tloodv 27,5L2 lletro I I 0 2 2 No 6.132 ro.297 67.92Yo 0 5lat 

Powcf Rivcr 25.OOO llrben I 0 1 2 2 No 1,388 2,268 63.4096 0 1lL 

Hncêton s.(m iurC 0 0 2 2 2 No 424 83f 96.ruX 0 at 

Ou¡dra Ishnd t,500 lw¡l 0 0 1 I 1 No 1¿lo 23E 70.00x 0 23r 

Ou¡lkurn Beach 1L(m Rural 0 I 1 1 I No 861 1.635 E9.90t6 0 rStt 

Quesncl 23.OOO Uröan I 0 1 2 2 No 1,011 2,272 124.73o/o o llla 

Revcbtoke 7.44f) Rwd 0 I I 2 2 No 475 I,174 147.t69Í o 547 

Rlondcl 619 Rêñoûe 0 0 1 I 1 No 5t 111 91.3E% 0 ttt 

S.¡nirù 17,000 tlrban 0 I 1 2 2 No 845 3.770 346.15o/o 0 rtlS 

Saknon Arm 30.(x)o Urban 0 I 2 3 2 No 2,300 5.O78 l2O.78o/o I r69l 

Salt¡orim lsbnd 12.(xX) itr¡l o 1 2 2 2 No 926 1.284 38.66% o g2 

S¡ward 1,5(X) Rerfiote 0 0 I I 1 No t23 111 -9.160/¡ 0 tll 

Sechelt 6(m Urban 0 1 2 3 2 No 1,112 3,769 238.94% 0 12S6 

Skamq.¡s 3,6(x) Rural 0 0 1 1 I No 29s 559 A9.49Yo -1 t¡, 

N 

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206

V,,E 

'/ J{.,/r* ' 

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April 28, 2009 

Mayor Wayne Lippert 


3400 30th Street 

Vernon, BC 

VlT 5E6 

Dear \lJayne, 

On behalf of the City of Kelowna and my Council colleagues, I wish to 

congratutate Greater Vernon on your recent selection as host for the 2012 BC 

Winter Games. 

The City of Kelowna also submitted a bid for this event so I can appreciate the 

Ievel of community commitment and creativity required to succeed. BC Games 

brings significant economic, health and social benefits to host communities. We 

are pleased that the benefits from the 2012 Games will be felt in the Okanagan 

by a community that we consider to be a close neighbour and partner. 

Based on the success of major sporting events such as the 2008 Ford World 

Women's Curling Championship and the annual Vernon Winter Carnival, I know 

that your community will create a memorable experience for participants and 

spectators of the 2012 BC Winter Games. lf Kelowna can support your planning 

and hosting efforts in any way, please let us know. 

Sincerely, 

/7 

/ "/, 

þØut*-e-"' 

Sharon Shepherd 

MAYOR 

CC: City Council 

Ron Mattiussi, City Manager 

Jim Gabriel, Director, Recreation & Culture 

Chad Douglas, Sport Kelowna 

Gitgo Jhll, t+ss 'Wo¡* 9t*t, J(",/r*, ß.9. Wþ $+ 

g"/"/r/,** 250-469-8980 g*hirnrú" 250-862-3399 

207

MINUTES OF 

THE COMMUNITIES IN BLOOM COMMITTEE 

HELD 

THURSDAY, APRIL I6, 2OO9 

PRESENT: CouncillorO'Keefe 

Shirley Koenig, Manager, Operations 

Kim Tregaskis 

Earl Hansen, DVA 

Marilyn, O'Keefe Ranch 

ABSENT: Councillor Baumbrough 

Tannis Nelson 

STAFF: lsabel Prystawik, Gardener 


ORDER 

ADOPTION OF AGENDA 

The Chair called the meeting to order at 8:03 am. 

Moved by lsabel Prystawik, seconded by Kim Tregaskis: 

THAT the agenda for Thursday, April 16, 2009 meeting of 

the Communities in Bloom Commíttee be adopted as 

amended, 

CARRIED. 

ADOPTION OF MINUTES 

Moved by lsabel Prystawik, seconded by Kim Tregaskis: 

THAT the minutes of the Communities in Bloom 

Gommittee meeting held Thursday, April 2, 2009 be 

adopted. 

CARRIED. 

UNFINISHED BUSINESS: 

MEMBERS, COMMUNITY 

CONTRACTS, 

VOLUNTEERS AND 

INVITATIONS TO 

Recruit a new member to replace Stella Brassard who recently 

resigned from the Committee. Ms. Brassards "to-do" list was 

discussed and redistributed. lsabel Prystawik will callthe mall 

and recreation complex to cancel any plans that may have 2Og

COMMUNITIES IN BLOOM GOMMITTEE MEETING, APRIL 16' 2OO9 

Page2 

SYMPOSIUM 

been made. 

lsabel Prystawik waiting to get in touch with Jodi Novakowski, 

to complete the communities in Bloom brochures by assisting 

with the graphic design. 

The email invitations will have been sent out by Monday, April 

20th,2009. 

It was noted that Earth Day is next week, Wednesday, April 

22nd,2009. 

Kim Tregaskis presented the overview and pictures for the 

statis dísplay. shirley Koening will ask the lT Department if 

they would be so kínd as to create a banner for our display. 

It was agreed that: 

Marilyn Berglund, from o'Keefe Ranch and councillor o'Keefe 

will share shifts at manning the CIB booth. 

lsabel Prystawik willfloat between the two booths, Earth Day 

and CIB manning the CIB booth. 

SHIFTS: 

Councillor O'Keefe - 12:30 to 2:00 Pm 

Marilyn Berglund -2:00 to 3:00 Pm 

Shirley Koenig - 3:00 to 4:30 Pm 

PROMOTIONAL 

MATERIALS, 

BROGHURCHES AND 

POSTER BOARD 

Newspaper column was discussed, would like to announce 

dates of upcoming events. 

Will request the Media Liaison to write something for the 

column on behalf of the CIB group. Explaining what 

communities in Bloom is about as well as how the community 

can get involved. Provide her with our ideas and let her create 

something by taking the 8 categories that are involved. chat 

up the symposium, Environment Week and the Week pull at 

Becker Park. 

(Councillor Nicolwill be sitting in the Mayors Chaír in Mayor 

Lippert's absence). 

It is proposed that Wendy Aasen present the Mayor with the 

"square Foot Box Kit" at Earth Day. This will require Wendy 

coordinate an appropriate time with Councillor Nicol 

209

COMMUNITIES lN BLOOM COMMITTEE MEETING, APRIL 16,2009 Page 3 

It was suggested that a Press Release introducing the 

Communities in Bloom Program as a partnership with 

CommunitY Futures. 

Shirley Koening will approach Councillor Nicol about 

introducing the communities in Bloom program on the radio. 

June 13th is the Vernon and District Garden Club tour. Tickets 

are not out yet. (would like to give to tickets to the Kelowna 

communities in Bloom club for them to enjoy the Vernon 

tour). Do we have the money to purchase these tickets 

$15.00 each. 

Annette sharkey has been requested to see if the Gateway 

Men and women's shelter would be interested in getting 

involved by Painting a door. 

The CIB group will meet at 9:30 Thursday, April 23, 2009 to 

meet Kelowna CIB Committee at the Biosolids plant' 

pROFILE BOOK 

An update was given as to the of the City of Vernon's Profile 

Book: 

. Councillor Baumbrough, lsabel Prystawik and Shirley 

Koenig assigned different parts of the profile book to staff. 

COMMUNITY 

CONTACTS, 

VOLUNTEERS AND 

INVITATIONS TO 

SYMPOSIUM 

. Emails have been sent to businesses and non profits. 

. The DVA has received the email and questionnaire and 

have been requested to share with their constituents. 

. Rachel Neuhaus, with Community Policing willtake 

photos of the graffiti clean up this Saturday, April 18th' 

2009. Earl Hansen will report on how the clean up day 

went. 

Betty Beck has volunteered to assist in clB. will enquire if 

she would be interested in working at Environment week at 

the CIB booth. 

GIFT EXCHANGE - DAy The gift exchange between the city of Vernon and the city of 

LILLIES 

Kelowna was discussed: 

The gift to Kelowna of locally grown lilies was confirmed. 

councillor o'Keefe will talk to the grower to determine if we 

2t0

GOMMUNITIES lN BLOOM COMMITTEE MEETING, APRIL 16, 2009 Page 4 

could rece¡ve 16 good sized drought tolerant plants' 

Kim Tregaskis offered to do potting if needed' 

clB IMPoRTANT DATES Kim Tregaskis and councillor o'Keefe will attend the opening 

day at O;Keefe Ranch on April 26th, 2009. Could split the day 

to man the clB booth. Marilyn has offered to take pictures. 

Councillor O'Keefe will bring the tent cover. 

SHIFTS: 

Kim Tregaskis - 8:30 am to 12:30 Pm 

Councillor O'Keefe - 12:30 pm to 4:00 pm 

. April 22, 2009 - Earth Day 

o 12:30 pm - 4:30 pm booth outside Library 

. April 26. 2009 - 

O'Keefe Ranch - Openinq Dav 

o 9:00 am to 5:00 pm 

****************************** 

. Mav 9, 2009 - CIB "Kick Offl' (Tree Plantins) 

o 1:00 pm Polson Park 

Mav 9, 2009 - CIB SvmPosium 

o 2:00 - 4:00 Pm - Council Chambers 

******************************* 

. Mav 30, 2009 - Environment Week - 

COV & SENS 

o 10:00 am to 2:00 pm, Recreation Complex 

Mav 31. 2009 - Communitv Weed Pull 

o 8:00 am Becker Park (Restorative Justice) 

MJ - GVS - 

NEW BUSINESS: 

BUFFY GOT Kim Nasipayko from the Rotary Club, has been contacted and 

AN lN PRINCIPLE has already received donations towards cleaning up the 

AGREEMENT TO BRING Highway #97 overpass right-of-way, North of the City. 

WATER TO THE NORTH Retailers would be enthusíastic about getting involved. 

END. 

shirley Koenig will approach the Ministry of Transportation to 

discuss ongoing maintenance and infrastructure as far as the 

aged water pipes out to this area, and what we would be 

loãting at in terms of turning the water back on after all of 

these Years of being turned off. 211,

COMMUNITIES IN BLOOM COMMITTEE MEETING, APRIL I6,2OO9 Page 5 

A grant of $5,000 from Rotary could be applied for with the city 

to replace the irrigation pipes. 

The line of dead trees in front of car dealership (on the right, 

heading North) was also mentioned. As well as the old 

Welcome to BC sign. Shirley Koenig offered to talk to Al 

Cotsworth of Parks and Recreation about having the sign 

replanted. 

The Downtown Planters were discussed as there were a 

number of complaints received about the "upkeep" of these 

planters over the summer. 

The City provides the planter containers for the downtown 

area and designs the plants for the containers. 

The DVA provides planting and maintenance over the 

summer months, which is currently contracted through 

Blue Ridge Landscaping. The maintenance contract is 

coming up for renewal so this would be a good time to 

review how we would like the planters to look and be 

maintained. 


BIOSOL¡DS SITE 

April 23, 2009 - Meeting with Kelowna Communities in Bloom 

at the Biosolids site 

DATE OF NEXT MEETING 

ADJOURNMENT 

The next meeting of the Communities in Bloom Committee will 

be held on Thursday, April 30, 2009 

The meeting of the Communities in Bloom Committee 

adjourned at 9:29 am 

CERTIFIED GORREGT: 

21,2


MINUTES OF 

THE FINANCE COMITIITTEE 

HELD i'IONDAY, MARCH 30, 2OO9 

PRESENT: Gouncillor Nicol, Chair 

Councillor Spiers 

Gouncillor Gilroy 

Mayor Lippert 

Leon Gous, CAO 

STAFF: Kevin Bertles, Manager Finance 

Terry Martens, Accounting Supervisor 


ORDER 

The Chair called the meeting to order at 1:33 pm. 

ADOPTION OF AGENDA Moved by Mayor Lippert, seconded by Gouncillor Spiers: 

THAT the agenda for Monday, March 30th, 2009 

meeting of the Finance Committee be adopted. 

CARRIED. 

ADOPTION OF MINUTES Moved by Mayor Lippert, seconded by Gouncillor Spiers: 

THAT the minutes of Finance Committee meeting 

held Thursday, March 12,2009 be adopted as 

circulated. 

GARR¡ED. 

GENERAL RESERVE 

REVIEW, PAGE 2 

BUSINESS ARISING FROM THE MINUTES: 

The review of the General Reserve spreadsheet was 

continued from the last Finance Gommittee meeting. The 

following items were discussed: 

. Spreadsheet has been updated, couple ofchanges 

to the year end. 

o Sewer reserves totaling 6.6 million, 

. Spreadsheet doesn't show the loans against the 

reserves for CBW and Hesperia, shown later in the 

213

FINANCE COiIIiIITTEE TIEETING HELD, I¡IONDAY, TIARCH 30, 2OO9 Page 2[ 

agenda package. 

Moved by Mayor Lippert, seconded by councillor Spiers: 

THAT the Finance Committee receives the General 

Reserve Report dated March 30, 2009, from the 


CARRIED. 

SEWER RECLAMATION The Finance Manager reported on the following: 

PLANT TAX LEVY 

r Borrowing initiated in 1990 

. Reviewed requirements of Bylaw #3453 

. Legal opinion was not requested 

The following items were discussed: 

. Counciltor Spiers commented that we need to make a 

decision on where the left over grant monies from 

OKVVB should go. 

o First levy began in 1990. Bylaw 3453 was specific in 

the number of installments. Twenty annual payments 

should be made with two payments remaining, one 

for 2009 and 2010. 

. Need to know what was charged to the specified 

alea, what grants came into effect and the interest 

charged, alt of these factors will affect the bottom line' 

. The Finance Manager advised that a detailed 

breakdown willtake time to get' Requested to defer 

an answer until allthe documentation has been 

reviewed. 

. Could choose to pay off the debt earlier but continue 

to collect tax money in order to cover the original 

amount. The Finance Manager will finish the analysis' 

o The different versions of levies were discussed. 

OBWB grants were not factored into the specified 

areas. 

. Need to know what was charged to the specified 

area, what grants came into effect and when and the 

interest charged, all affect the bottom line. 

o Grants don't factor into the principal portion, as per 

the Bylaw. 

o The requested legal opinion was dis-çussed, Bylaw 

3453 is very clear and a legal opinion is not required' 

. As long as these monies were used on works on the 

bylaw, you are good to go. 

. Reference materials should be circulated to the 

2L4

FINANCE COTiIITTEE TEETING HELD, i|ONDAY, MARCH 30' 2OO9 Page 3! 

members before the meeting. 

That the Finance Manager will determine if the original 

fi2.375 million, in principal payments was received. Don't 

want to over collect. Split between capital and interest must 

be reviewed. 

DCC AND LAND RESERVES 

The Finance Manager reviewed the request from Councillor 

Spiers. The following items were discussed: 

. DCC review is currently underway. 

o Funding sources, not yet decided, to come' 

o UBCM is having difficulties understanding the 

resolution that the Gity sent to them with reference to 

the work being done by staff and charging their time 

directly to DCC. Leon Gous is following up with 

UBCM as a legitimate move. 

. The DCC is a component of the 2008 Financial 

Statements. The draw on 2009 DGC's is contained in 

the Financial Plan. 

. Requested the local improvements reserve 

Moved by Councillor Spiers, seconded by Mayor Lippert: 

THAT the Finance Committee receives the DGC 

Gontinuity Summary for 2008 from the Finance 

Manager. 

CARRIED. 

HESPERIA 

OUTSTANDING LOANS 

The Finance Manager reviewed the report on Hesperia with 

reference to outstanding loans. The following items were 

reviewed: 

o lnitial draw was directed by Council. 

. First two payments were given subject to a business 

plan. 

. Consolidated financial statement point of view. This 

borrowing will be eliminated, as their assets and 

liabilities are all integrated with our own' lnter-City 

Transfer. 

. The Finance Manager will confirm the Greater Vernon 

Advisory Committee as to the water servicing. 

Moved by Councillor Spiers, seconded by Mayor Lippert: 

THAT the Finance Gommittee receives the Hesperia 

215

FTNANCE COMllllrrEE MEETING HELD, iIONDAY, ilIARCH 30, 2009 

Page 4D 

Development Corporation Loan lnterest Calculation 

worksheet for the'3d and 4th Quarters for 2008, from the 

Finance Manager. 

CARRIED. 

CAPTAIN BAILEY WAY The Finance Manager reviewed the report on Captain Bailey 

OUTSTANDING LOANS Way with reference to outstanding loans. The following 

items were reviewed: 

. $100,174 as been drawn from the CWB to the period 

ending December 31, 2008. 

CITY'S BORROWING The Finance Manager provided a report on the City's 

CAPACITY 

borrowing capacity. The following items were reviewed: 

. $5.9 million dollars is the liability servicing 

capacity available to the CitY. 

. The auditors suggested that the City's debt was 

light, when referring to the 2007 long term debt. 

FOREIGN EXCHANGE The Finance Manager updated the members on the 

MITIGATION EXCHANGE mitigation exchange fund. The following items were 

FUND 

reviewed: 

. On Friday they were hovering about 1.229. Will be 

watching the rate, have about 5 months to go, 

o Will keep the committee members updated. 

. MFA has done wellwith their investments. 

EXECUTIVE SUMMARY OF The Finance Manager advised that with the volume of 

CURRENT BUS SITUATION requests on the agenda the current bus situation has not yet 

been completed. W¡lldefer until the next Finance Meeting' 

NEW BUSINESS: 

LEGAL FEE EXPENDITURE The Ghair reviewed the legalfee analysis provided by the 

ANALYSIS 

Finance Manager. 

. $218 (estimated budget for 2008) 

o 8221,846 (actual expenditure on legalfees for 2008) 

Moved by Councillor Spiers, seconded by Councillor Nicol: 

2L6

FINANCE COMMITTEE MEETING HELD, MONDAY, iIARCH 30, 2OO9 Page 5! 

THAT the Finance Committee receives the Legal Fee 

Expenditure Analysis, to December 31, 2008, from the 


CARRIED. 

GO AWARD PROGRAM The Ghair reviewed the request from the Go Award Program 

SPONSORSHIP REQUEST for sponsorship. 

SCHUBERT CENTRE 

. The level of sponsorship to the Go Award Program in 

2008 was for $500.00. 

. Agreed that the City sponsor the Go Award Program 

with $500.00 for 2009, to be drawn from the Mayors 

Discretionary Fund. 

Moved by Councillor Mayor, seconded by Councillor Spiers: 

THAT the Finance Committee recommends Council 

support a corporate sponsorship of $500.00 to the Go 

Award Service Program, Annual Breakfast of 

Champions for 2009; 

AND FURTHER that the request be funded from the 

Mayors discretionary Accou nt. 

CARRIED. 

The Ghair reviewed the request from the Schubert Centre 

SOCIETY - REFERRAL Society, which was directed from Councilto the Finance 

FROM COUNCIL Committee for a recommendation' 

o The Finance Manager circulated a memo dated 

March 30, 2009 with reference to the request from the 

Schubert Centre for relief from water, sewer and 

taxes. 

. Schubert Gentre already receives a75o/otax 

exemption which is estimated at $14,000. 

there are no exemptions 

o Water and sewer charges - 

allowable for utilities. 

. Halina Centre is funded from GVSC, (leasing from 

GVSC), as it is used for recreationat programs. Will 

follow up with Al McNiven, Director, Parks, 

Recreation and Culture, as to what kind of support 

Schubert Centre could receive from them. 

. Schubert Centre has offered the Gity access to their 

meeting rooms in exchange for support. 

. The Schubert Centre is having difficulties due to loss 

of income from Bingo. 

2L7

FINANCE COiIIUITTEE MEETING HELD, MONDAY, iIARCH 30,2OO9 Page 6[ 

. Have to encourage these organizations to keep 

going. 

. Funding, how much and the source And for how 

long W¡ll come back with a legitimate way to do 

tnai. Not under the two Council grants, they will want 

continual assistance. Social responsibility fund 

. Come back to the next Finance Committee meeting 

with an agreement of some sort. 

Moved by Mayor Lippert, seconded by Councillor Nicol: 

THAT the Finance Committee recommends Council 

support the funding request from the Schubert 

Centre for $15,000 per year, for a three year term, 

from the British Columbia Lottery Corporation, Social 

Responsibility Reserve Fund ; 

AND FURTHER, that Staff will approach the British 

Columbia Lottery Corporation in support of the 

Schubert Gentre's request for financial support 

through the BCLC social responsibility initiative. 

CARRIED, with Gouncillor Spiers opposed. 

EARLY DEPT The 

MFA - 

PAYOUT OPTION 

Chair reviewed the analysis provided by the Finance 

Manager. 

o Two debt issues, due to be refinanced 2009. 

. Gurrent refinancing rate dropping from 5.99% to 

3.75o/o. 

. Reserves in the general and MFA refund. 

Moved by Mayor Lippert, seconded by Gouncillor Spiers: 

THAT the Finance Committee receives the memo from 

the Manager of Finance dated March 26,2009, detailing 

early debt repaYment oPtions. 

CARRIED. 

INFORMAT¡ON ITEMS: 

LEGISLATIVE LAND USE TO Mr. David Murphy letterdated April 16, 2007,"4 

gNXlt¡CE TOURISM Downstream lmpact of Legislating Land Use so as to 

Enhance Tourism". 

Moved by Gouncillor spiers, seconded by councillor Nicol: 

THAT the Finance Committee recommends Counci, ,r,

FINANCE COiIMITTEE iIIEET¡NG HELD, MONDAY, iIARCH 30' 2OO9 

Page 7! 

invite Mr. Murphy to be a delegation to Council, at a 

Committee of the Whole, with reference to his letter 

regarding the impact of legislating land use to enhance 

tourism. 

CARRIED. 

CLAIM STATUS REPORT TO 

DECEMBER 3I, 2OO8 

The Finance Manager reviewed the claims status Report 

for quarter ending December 31, 2008. 

. Claims listed go back lo 2002,lnsurance will pay the 

claims we PaY the deductible' 

o Deductible estimate is in the budget. The Ci$ pays 

the insurance coverage, our share of legalfees and 

the deductible. 

o Deductible last year was $71,000' $75,000 estimated 

for this Year. 

Moved by councillor spiers, seconded by councillor Nicol: 

That the Finance committee receives the claim status 

Report for the period ending December 31, 2008, from 

the Manager of Finance. 

CARRIED. 

CASINO GAMING REVENUE 

The Casino Gaming Revenue, from 2001 through 2009 

estimates was reviewed and the following motion was 

adopted. 

NOTE: Correction on the total revenue received for 2008, 

should read $1,758,799 

Moved by councillor spiers, seconded by Gouncillor Nicol: 

That the Finance Committee receives the Casino 

Gaming Revenue, Quarterly Report, from the Finance 

Manager. 

CARRIED. 

ANY OTHER BUSINESS: 

ADJOURNMENT 

The Finance Gommittee meeting adiourned at 3:20 pm' 

2L9

FINANCE COiIi'IITTEE iIEETING HELD, TIONDAY, IIIIARCH 30, 2OO9 

Page 8n 

220


MINUTES OF HERITAGE ADVISORY COMMITTEE MEETING 

HELD 

THURSDAY, APRIL I6, 2OO9 

PRESENT: Douglas Edgar, Chair 

Dan Stuart 

Rosalie Schmidt 

Councillor O'Keefe 

ABSENT: Patricia Donahue 

STAFF: Blake Laven, Planning Assistant 


ORDER 

The meeting was called to order at 3:32 pm. 

ADOPTION OF AGENDA Moved by Dan Stuart, seconded by Rosalie Schmidt: 

I: â: J :ä'""',iï 3å J lli[,:T * #,'jJ 3; lË,"0 

CARRIED. 

ADOPTION OF MINUTES Moved by Rosalie Schmidt, seconded by Dan Stuart: 

I-HAT the minutes of the Heritage Advisory Committee 

meeting held March 19,2009 be adopted. 

CARRIED. 

UNFINISHED BUSINESS: 

PROVINCIAL HERITAGE Douglas Edgar, Chair, updated the Committee on the status 

GRANT APPLICATION TO of the grant application made to the Community Heritage 

THE COMMUNITY Registers Program: 

HERITAGE REGISTERS 

PROGRAM (UPDATE) 

o Liz Williams is currently in Victoria discussing the 

application with the Heritage Branch. 

Liz Williams has received the information forwarded by 

Douglas Edgar and the City Planner to be included in 

the grant application package. 

22r

HERITAGE ADVISORY COMMITTEE MEETING, APRIL 16, 2OO9 PAGE 2 

Dan Stuart has requested the committee meet in the near 

future to discuss whether it will be worth spending $20,000 for 

only 16 - 18 properties (approx $1,000 per house). At this 

rate it will take five years and $10,000 

ATTENDANCE AT 

HERITAGE BC 

CONFERENCE 

Would like to discuss at the meeting the current status of 

owners just being on an inventory. 

The Chair submitted a letter directly to Gouncil requesting 

funding for two Heritage Committee members to attend the 

BC Heritage Society Annual Conference in Kelowna at 

$175.00 per delegate; no hotel accommodation will be 

required. (coPY attached) 

HERITAGE 

NEW BUSINESS: 

The Chair advised the members that to date the City has 

RESTORATION GRANT received the following six applications for Heritage Restoration 

ApPLICA1ONS Grants, with a seventh application expected from the CPR 

Station House: 

RECEIVED TO DATE 

1. Pat McAllister 

(2400 - 25th Avenue) Exterior Painting 

Quotes: $10.290 $8.610 and $8.925 

Moved by Dan Stuart, seconded by Rosalie Schmidt: 

THAT the Heritage Advisory Committee recommends 

Council approve the Heritage Restoration Grant 

application submitted by Pa1 McAl[ster,for 24OO - 25th 

Aïênue, in the amount ôt $+,gs0.00, to be used towards 

painting the exterior of the subject building 

CARRIED. 

2. Mark Jones 

(3001 -25th Street) Exterior Painting 

Quotes: $7.500 $9.875'25 and $9'546.08 




application submitted by Mãrk Jones for 3001-25th Street, 

222


in the amount of $4,700.00, to be used towards painting 

the exterior of the subject building. 

CARRIED. 

3. Judy Fullerton 

(2906 - 26th Street) Exterior Painting 

Quotes: $12.300 $11.699 $10.368.75 $7.885 and 

$10.535 




application submitted by Judy Fullerton for 2906 - 26th 

Street, in the amount of $2500.00, to be used towards 

painting the exterior of the subject building. 

CARRIED. 

4. Reiner Stass (Cloverleaf Holdings) 

(3212- 30th Avenue) Repair and paint window frames 

and moldings 

Quotes: $1,365 $1.323 $1,155 




application submitted by Reiner Stass on behalf of 

Cloverleaf Holdings Ltd., for 3212 - 30th Avenue, in the 

amount of $550.00, to be used towards repairing and 

painting window frames and mouldings on the subject 

building. 

CARRIED. 

5. CPR Station House - Val Heuman of the Okanagan 

Landing and District Community Association 

7813 Okanagan Landing Road. 

Quotes: $11.970 


223




application submitted by Val Heuman, official of the 

Okanagan Landing and District Community Association, 

for 7813 Okanagan Landing Road, in the amount of 

$5,000.00, to be used towards re-roofing the subject 

building. 

CARRIED. 

6. Maurie Deaton & Guido Vanderheyden 

(4200 - 30th Street) New Foundation 


THAT the Heritage Advisory Commiüee recommends 

Council deny the Heritage Restoration Grant 

application submitted by Mau,rie Deaton & Guido 

Vanderheyden, at4200 - 30'n Street, for $12,658.48 to 

be used towards excavation, concrete, forms, and 

pumping for a new foundation. As this building will no 

longer maintain its heritage significance if it is moved 

away from the railwaY tracks; 

AND FURTHER, that the grant of $1,260 approved, 

July 14, 2008, for storm windows on the former CPR 

Section House, at 3901 - 30th Street, be repealed as 

the owner has been unsuccessful in obtaining suitable 

storm windows and does not wish to pursue the project 

at this time. 

CARRIED. 

7. Henk Bosman 

(2501 - 23'd Avenue) New roof on half of building 

Quotes for whole roof: $21,735 $29.560 $21.465 



Council deny the Heritage Restoration Grant application 

submitted by Henk Bosman lor 2501 - 23'd Avenue in 

order to replace the roof on the subject building, as Mr. 

Bosman received a Heritage Restoration Grant in 2008' 

224


CARRIED. 

ANNA CAIL 

REMEMBERED 

Anna Cail, a long time Vernon resident, school teacher and 

heritage preservation, has passed away. A memorial service 

was held on Saturday with 300 people in attendance. 

Discussed asking the Heritage Society for a letter of support 

to go along with the motion to Council. Dan Stuart to advise. 


Hold onto motion until 

Dan has Ietter of support 

from Heritage Society. > 

That the Heritage Committee recommends Council 

rename the Heritage Hall at Polson Park is to rename the 

building and install a plaque after the late Ms. Anna 

Caroline Fulton Cail, for her dedication towards Heritage 

preservation in Vernon. 

CARRIED. 


STUDENTS DIP INTO 

HISTORY 

KEYNOTE SPEAKER TO 

ADDRESS 2OO9 

HERITAGE BC ANNUAL 

CONFERENCE IN 

KELOWNA 

CANAD¡AN HERITAGE 

FUNDING PROGRAM 

COPY - RESOLUTION 

FROM COUNCIL - 

MARYANN FITZPATRICK 

LEE 

DATE OF NEXT MEETING 

An article was circulated for the members to review. 

Discussed above at Heritage BC Conference. 

A copy of an email was circulated for the members to review. 

A resolution from Council was circulated for the members to 

review. 

The Committee members requested a meeting to discuss the 

Grant application for a Heritage Register update to make sure 

everything is in order. 

It was agreed that the next meeting of the Heritage Advisory 

Committee is set for Thursday, May 21,2009. 

225

HERITAGE ADVISORY COMMITTEE MEETING, APRIL 16, 2OO9 

PAGE 6 

ADJOURNMENT 

The meeting of the Heritage Advisory Committee adjourned at 

4:27 pm. 

226


AGENDA 

PUBLIC HEARING 

MONDAY. MAY 11. 2OO9 _ COUNCIL CHAMBERS 

34OO _ 30 STREET, VERNON BC 

5:30 P.M. 

1. MAYOR LIPPERT will call the meeting to order and advise that the purpose of the Public 

Hearlng is to consider the "1404 Copper Mountain Court Rezoning Amendment Bylaw Number 

5194,2009', together with the Public Input on Development Variance Permit #00157 AND 

"Zoning Text (C5 - Liquor Primary, Major) Amendment Bylaw Number 5191,2009" AND, 

"Zoning Text (RSA - Duplex Residential) Amendment Bylaw Number 5202,2009". 

2. ' CITY CLERK BRIDAL provides information as to how the meeting was publicized. 

3. INDIVIDUAL BYLAW SUBMISSIONS: 

(a) 

AND DVP #00157 

Applicant: 

Freestone Enterprises lnc. 

Legal Description: Strata Lots 1-34, Plan K4S3433, Sec. 18, TWP. 5, O.D.Y.D. 

Civic Address: 1404 Copper Mountain Court (Units 1-34) 

Purpose: To rezone the subject lands from R4 - Small Lot Residential to RsA - 

Duplex Residential, AND TO VARY the minimum front and sideyard 

setbacks to allow for a strata semi-detached housing development. 

(b) 

Applicant: 

Purpose: 

Rising Tide Consultants Ltd. 

to amend Zoning Bylaw #5000 by including the use "liquor primary 

establishment, major" as a Primary Use in the C5 - Community 

Commercial zone. 

...t2 

227

Public Hearing Agenda 

May 11, 2009 

Page 2 

(c) 

Applicant: City of Vernon 

Purpose: to amend Zoning Bylaw #5000, to replace reference to "RSA - 

Duplex Residential" with "R5A - Semi-Detached Residential" 

4. PROCEDURE OF EACH SUBMISSION: 

a) Brief description of zoning application by City Staff. 

b) Mayor will request City Clerk to indicate any correspondence/petitions received, for the 

record. 

c) Mayor will call for representation from the public in attendance. 

i) Microphones are provided for any person(s) wishing to make representation to 

the meeting. 

(ii) The Chair will recognize ONLY speakers at the microphones. 

(iii) The public and members of Council may ask questions of the applicant and / or 

City staff in order to clarify details of the project, etc. 

(iv) Final calls for representation 

5. ADJOURNMENT 

228

Agenda Package - City of Vernon

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