REGULAR AGENDA REGIONAL DISTRICT OF NORTH OKANAGAN ELECTORAL AREA ADVISORY COMMITTEE MEETING Thursday,

REGULAR AGENDA REGIONAL DISTRICT OF NORTH OKANAGAN ELECTORAL AREA ADVISORY COMMITTEE MEETING Thursday,

REGIONAL DISTRICT OF NORTH OKANAGAN

ELECTORAL AREA ADVISORY COMMITTEE MEETING

Thursday,

September 4, 2014

2:00 p.m.

REGULAR AGENDA

A.

C.

APPROVAL OF AGENDA

1. Regular Agenda – September 4, 2014

(Opportunity for Introduction of Late Items)

(Opportunity for Introduction of Late Items – In Camera Agenda)

RECOMMENDATION 1

That the Agenda of the September 4, 2014 Electoral Area Advisory Committee meeting be approved as presented.

B. ADOPTION OF MINUTES

1. Electoral Area Advisory Committee – August 7, 2014

RECOMMENDATION 2 Page 1

That the minutes of the August 7, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated.

DELEGATIONS

1. Vernon / North Okanagan Detachment – Policing Second Quarter Report

− Second Quarter 2014 Municipal Report

− Second Quarter 2014 Rural Report

− Second Quarter 2014 Report – Victims Assistance Program

RECOMMENDATION 3 Page 7

That the Second Quarter reports dated July 15, 2014 from the Vernon / North

Okanagan Detachment – Municipal and Rural Policing and the Second Quarter report from the Victims Assistance Program be received for information.

Electoral Area Advisory Committee

Agenda – Regular - 2 -

2. Vernon / North Okanagan Safe Communities Unit

– Report dated August 25, 2014

– August Speed Watch Report

– Kalamalka Lakeview Drive Report dated August 25, 2014

September 4, 2014

RECOMMENDATION 4 Page 34

That the report dated August 25, 2014 from the Vernon / North Okanagan

Detachment – Safe Communities Unit be received for information.

3. Bylaw 2656 – Rezoning

HARVEY, L. and A. [File No. 14-0190-E-RZ]

[See Item E.2]

4. Waiver of Lot Frontage

HAZELDINE, C. [File No. 14-0295-D-WVR]

[See Item E.3]

D. UNFINISHED BUSINESS

E. NEW BUSINESS

1.

Bylaw 2606 – Zoning Text Amendment

Medical Marihuana Production Facilities

– Staff report dated August 25, 2014

RECOMMENDATION 5 Page 40

That it be recommended to the Board of Directors, Zoning Text Amendment Bylaw

No. 2606, 2013, be amended as follows:

• By removing Sections B.4, B.5, B.6, B.7, B.8, B.9, B.11, B.12 in their entirety;

• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in

Section B.14;

• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in

Section B.16;

• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in

Section B.18 in order to:

• Remove all minimum parcel size requirements in excess of what is required within Zoning Bylaw No. 1888; and,

• Amend Industrial Zone setback requirement to be consistent with Zoning Bylaw

No. 1888; and further,

That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as amended, and be referred to a second Public Hearing.

Electoral Area Advisory Committee

Agenda – Regular - 3 - September 4, 2014

2. Bylaw 2656 – Rezoning

HARVEY, L. and A. [File No. 14-0190-E-RZ]

− Staff report dated August 11, 2014

RECOMMENDATION 6 Page 64

That it be recommended to the Board of Directors, Rezoning Bylaw No. 2656, 2014 which proposes to rezone the property legally described as Lot A, Sec 28, Twp 57,

ODYD, Plan KAP71752 and located at 112 North Fork Road, Electoral Area “E” from the Non-Urban (N.U) zone to the Small Holding (S.H) zone be given First and

Second Readings; and further,

That Rezoning Bylaw No. 2656, 2014 not be forwarded to a Public Hearing until the applicant has provided proof of suitable private access driveway and building sites on each proposed lot as well as the remainder meeting the requirements of Section

310 of the Regional District Zoning Bylaw No. 1888, 2003.

3. Waiver of Lot Frontage

HAZELDINE, C. [File No. 14-0295-D-WVR]

– Staff report dated August 22, 2014

RECOMMENDATION 7 Page 74

That the memorandum from the Planning Department dated August 22, 2014 regarding Waiver of Lot Frontage Application for the property legally described as

The South ½ of the South West ¼ of Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road, Electoral Area “Dbe received for information.

DIRECTION REQUIRED

That it be recommended to the Board of Directors that the 10% minimum frontage requirement of Section 803.7 of the RDNO Zoning Bylaw No. 1888, 2003 be waived for the property legally described as The South ½ of the South West ¼ of Sec 5, Twp

40, ODYD, Except Plan 28492 and located at 171 Brookfield Road, Electoral Area

“D by reducing the lot frontage of the proposed Remainder Lot from 119.28 metres to 57.91 metres shown on the plan attached to the Planning Department report dated

August 22, 2014.

or

That it be recommended to the Board of Directors that the 10% minimum frontage requirement of Section 803.7 of the RDNO Zoning Bylaw No. 1888, 2003 not be

waived for the property legally described as The South ½ of the South West ¼ of

Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road,

Electoral Area “D by reducing the lot frontage of the proposed Remainder Lot from

119.28 metres to 57.91 metres shown on the site plan attached to the Planning

Department memorandum dated August 22, 2014.

Electoral Area Advisory Committee

Agenda – Regular - 4 - September 4, 2014

4. Community Works Fund #094 – Electoral Area "F" Official Community Plan

Review

– Staff report dated August 12, 2014

RECOMMENDATION 8 Page 77

That it be recommended to the Board of Directors that the review of Electoral Area

“F” Official Community Plan be funded from the Community Works Fund (Electoral

Area “F”) at a cost of up to $77,600.00.

5. Proposed Block Boundary Extension – City of Vernon

− Letter dated August 18, 2014

RECOMMENDATION 9 Page 82

That the letter dated August 18, 2014 from the City of Vernon regarding the

Proposed Block Boundary Extension be received for information.

F. BUSINESS ARISING FROM DELEGATIONS

G. REPORTS

1. Advisory Planning Commission Meetings

RECOMMENDATION 10 Page 97

That the minutes of the following Advisory Planning Commission meeting be received for information:

− Electoral Area “B” – Meeting of July 30, 2014

2. Building Inspections Statistical Reports

− Reports dated July 2014

RECOMMENDATION 11 Page 99

That the July 2014 Building Inspections Statistical Reports be received for information.

3. Sustainability Program Report

Staff report dated August 15, 2014

RECOMMENDATION 12 Page 101

That the Sustainability Report dated August 15, 2014 from the Sustainability

Coordinator be received for information.

4. General Manager’s Report

H. ADJOURNMENT

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item B.1

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE of the

REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District

Office on Thursday, August 7, 2014.

Members: Director B. Fleming

Director R. Fairbairn

Director M. Macnabb

Director E. Foisy

Staff:

Director J. Pearase

D. Sewell

L. Mellott

G. Routley

J. de Pfyffer

A. Page

L. Frank

L. Schrauwen

Also

R. Morgan

Present:

Sgt. J. Lockwood

E. Lachmuth

M. Tekano

Media and Public

Electoral Area “B”

Electoral Area “D”

Electoral Area “C”

Electoral Area “E”

Electoral Area “F”

Chief Administrative Officer

General Manager, Electoral Area Administration

Deputy Planning Manager

Small Utilities Manager

Sustainability Coordinator

Sustainability Coordinator

Clerk (taking minutes)

Regional Crime Prevention Coordinator, City of Vernon

Conservation Officer Service

Ministry of Transportation and Infrastructure

Ministry of Transportation and Infrastructure

Chair

Vice Chair

CALL MEETING TO ORDER

The meeting was called to order at 2:02 p.m.

APPROVAL OF AGENDA

Regular Agenda – August 7, 2014

Moved and seconded by Directors Fairbairn and Macnabb

That the Agenda of the August 7, 2014 Electoral Area Advisory Committee meeting be approved as presented.

CARRIED

ADOPTION OF MINUTES

Electoral Area Advisory Committee – July 3, 2014

Moved and seconded by Directors Macnabb and Foisy

That the minutes of the July 3, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated.

CARRIED

Page 1 of 102

Electoral Area Advisory Committee

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item B.1

Minutes – Regular - 2 - August 7, 2014

DELEGATIONS

Vernon / North Okanagan Safe Communities Unit

The Regional Crime Prevention Coordinator provided an update on activities he has undertaken over the past month.

Moved and seconded by Directors Macnabb and Fairbairn

That the report dated July 29, 2014 from the Vernon / North Okanagan Detachment – Safe

Communities Unit be received for information.

CARRIED

Conservation Officer Service

Sgt. Josh Lockwood, Conservation Officer Service, provided details regarding recent seasonal enhanced boat patrols.

Ministry of Transportation and Infrastructure

Erik Lachmuth, Area Manager, and Murray Tekano, District Manager, with the Ministry of

Transportation and Infrastructure presented information regarding the proposed Kalamalka Lake

Provincial Park Boundary Adjustment for Cosens Bay Road. It was noted that a public open house would be held in the latter part of August.

Bylaw 2652 – Rezoning

SIX STAR HOLDINGS LTD. c/o Brian Monaghan [File No. 14-0155-B-RZ]

No one was present to speak to the application.

NEW BUSINESS

Bylaw 2613 – Zoning Text Amendment [Mineral Extraction]

Moved and seconded by Directors Macnabb and Pearase

That it be recommended to the Board of Directors, that Regional District of North Okanagan

Zoning Text Amendment Bylaw No. 2613, 2013, which proposes to amend regulations related to limited resource use within the Country Residential Zone, be amended by replacing Section B.1 with the following:

“Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by replacing the first paragraph of Section 802.10.h with the following:

For the purposes of this section Limited Resource Use means a use of a lot providing for the conservation, management, and extraction of primary forest, mineral, and other resource materials grown on or originating from the same lot. Within Electoral Areas “D”, “E” and “F”,

Limited Resource Use includes the following processing activities: preliminary grading, cutting or crushing of such materials for shipment. Within Electoral Areas “B” and “C”, Limited

Resource Use excludes all processing activities.”; and further,

That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 be given Second Reading as amended; and further,

Page 2 of 102

Electoral Area Advisory Committee

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item B.1

Minutes – Regular - 3 - August 7, 2014

That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, as amended, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land

Commission and various agencies for review and comment.

CARRIED

Bylaw 2647 – Soil Removal and Deposit

Moved and seconded by Directors Macnabb and Pearase

That it be recommended to the Board of Directors, that First Reading of Regional District of

North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014, which proposed to prohibit the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional

District of North Okanagan, be rescinded and the bylaw be abandoned; and further,

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014, which proposes to establish regulations regarding the application, approval, suspension or denial of permits for the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional District of North Okanagan, be given First Reading; and further,

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land Commission and various agencies for review and comment; and further;

That, once Bylaw No. 2647, 2014 is adopted, a transition period of 90 days be provided to existing soil removal and deposit operations, after which Bylaw No. 2647 will have full effect.

CARRIED

Bylaw 2649 – Mabel Lake Community Domestic Water Service Establishment Amendment

Moved and seconded by Directors Pearase and Macnabb

That it be recommended to the Board of Directors, that Mabel Lake Community Domestic Water

Service Establishment Amendment Bylaw No. 2649, 2014 be given First, Second and Third

Readings; and further,

That Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No.

2649, 2014 be Adopted.

CARRIED

Bylaw 2652 – Rezoning

SIX STAR HOLDINGS LTD. c/o Brian Monaghan [File No. 14-0155-B-RZ]

Moved and seconded by Directors Macnabb and Fairbairn

That it be recommended to the Board of Directors, that Rezoning Bylaw No. 2652, 2014 which proposes to rezone the property legally described as That Part of Lot 2, Block 5 Lying East of the Road Shown on Plan H433, Sec 23, Twp 8, ODYD, Plan 749, Except Plans 33945 and

H16713 and located at Highway 97, Electoral Area “B” from Country Residential (C.R) to

Service Commercial (C.4) be given First and Second Readings; and be forwarded to a Public

Hearing; and further,

That Final Adoption of Rezoning Bylaw No. 2652, 2014 be withheld until:

1) the applicant submits design recommendations from a consulting engineer regarding the proposed on-site sewage disposal and stormwater management systems and registers a

Page 3 of 102

Electoral Area Advisory Committee

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item B.1

Minutes – Regular - 4 - August 7, 2014 covenant that would restrict permitted uses on the subject property to those which would generate a maximum daily sewage flow of 1400 litres per day or less; or

2) if the development would generate maximum daily sewage flow in excess of 1400 litres per day, the applicant submits:

− a hydrological assessment from a hydrological engineer that reviews local groundwater and surface water conditions with consideration of possible contamination of Swan Lake or a tributary watercourse or ditch; and

− a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions with the identification of a primary and separate backup drainfield location which would be protected by a covenant; and

− a design for a sewage disposal and stormwater management system prepared by a civil engineer; and

3) the applicant registers a covenant against the title of the subject property that would prohibit fee-simple or bareland strata subdivision of the subject property until a community sewer system is available; and

4) the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with the requirements of Section 52(3) of the Transportation Act.

CARRIED

Agricultural Land Commission Application

Bluenose Poultry Ltd. c/o David and Tara Barg [File No. 14-0195-D-ALR]

Moved and seconded by Directors Fairbairn and Foisy

That it be recommended to the Board of Directors, that the application of Bluenose Poultry Ltd.

(David and Tara Barg) under Section 20(3) of the Agricultural Land Commission Act which requests permission to have a second dwelling unit for farm help on the property legally described as The East 50 Acres of the North West ¼ of DL 435, ODYD, Except Plans 20372,

23555 and 26767 and located at 1090 Whitevale Road, Electoral Area “D” be approved.

CARRIED

City of Vernon Sanitary Sewer Connection Referral

4803 Pleasant Valley Road [File No. 13-0378-B-REF]

Moved and seconded by Directors Macnabb and Fairbairn

That it be recommended to the Board of Directors, that the Board of Directors provide consent, under Section 13 of the Community Charter, for the extension of City of Vernon sanitary sewer service to the property legally described as Lot A, Plan Epp21497, Sec 11, Tp 8, ODYD, and located at 4803 Pleasant Valley Road, Electoral Area “B ”, subject to the property not being annexed into the City until such a time as a boundary adjustment agreement has been established between the City of Vernon and the Regional District of North Okanagan.

CARRIED

City of Vernon Annexation and Service Connection Referral

6467 Goose Lake Road [File No. 14-0244-B-REF]

Moved and seconded by Directors Macnabb and Fairbairn

That it be recommended to the Board of Directors, that the annexation application for the property legally described as Lot 2, Plan 4354, Sec. 15, Tp. 8, ODYD, and located at 6467

Goose Lake Road; Electoral Area “B” not be supported; and further,

That it be recommended that the Board of Directors provide consent, under Section 13 of the

Community Charter, for the extension of City of Vernon sanitary sewer service to the property

Page 4 of 102

Electoral Area Advisory Committee

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item B.1

Minutes – Regular - 5 - August 7, 2014 legally described as Lot 2, Plan 4354, Sec. 15, Tp. 8, ODYD, and located at 6467 Goose Lake

Road; Electoral Area “B” to address health and environmental concerns, subject to the property not being annexed into the City until such a time as a boundary adjustment agreement has been established between the City of Vernon and the Regional District of North Okanagan .

CARRIED

Electoral Area “F” Official Community Plan Review Terms of Reference

Moved and seconded by Pearase and Foisy

That it be recommended to the Board of Directors, that the Terms of Reference for the review of the Electoral Area “F” Official Community Plan attached to the report dated July 21, 2014, be endorsed.

CARRIED

Renewed Gas Tax Fund Agreement

Moved and seconded by Directors Pearase and Macnabb

That it be recommended to the Board of Directors that a Committee of the Whole workshop be held to discuss the changes included in the renewed Gas Tax Agreement and implications for planning and budgeting for shared projects.

CARRIED

Community Works Fund Project #091

Moved and seconded by Directors Pearase and Fairbairn

That it be recommended to the Board of Directors that the construction of protection infrastructure to reduce the long-term risks of flooding of the Kingfisher Interpretive Centre from

Cooke Creek be funded in part from the Electoral Area “F” allocation of the Community Works

Fund at a cost of up to $50,000.

CARRIED

Canadian Pacific Railway (Armstrong to Sicamous) Discontinuance Process

Discussion ensued regarding the discontinued Canadian Pacific Railway corridor (Armstrong to

Sicamous).

2014 Union of British Columbia Municipalities (UBCM) Conference – Ministerial Meetings

Moved and seconded by Directors Pearase and Fairbairn

That the letter dated June 6, 2014 from Premier Christy Clark and the letter dated June 11,

2014 from Minister Coralee Oakes, Ministry of Community, Sport and Cultural Development, regarding scheduling ministerial meetings during the 2014 Union of British Columbia

Municipalities (UBCM) Conference be received for information.

CARRIED

The Committee was advised that the deadline for requesting Ministerial Meetings at the 2014

Union of British Columbia Municipalities (UBCM) Conference is August 15, 2014.

Page 5 of 102

Electoral Area Advisory Committee

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item B.1

Minutes – Regular - 6 - August 7, 2014

REPORTS

Building Inspections Statistical Reports

Moved and seconded by Directors Fairbairn and Macnabb

That the June 2014 Building Inspections Statistical Reports be received for information.

CARRIED

General Manager’s Report

The General Manager, Electoral Area Administration provided an update on the following matters:

– Parks, Recreation and Culture meeting with the Ministry of Community, Sport and Cultural

Development scheduled for Wednesday, August 13, 2014

– Seasonal Boat Patrols

– Vernon / North Okanagan Safe Communities Program

IN CAMERA

Moved and seconded by Directors Fairbairn and Macnabb

That, pursuant to Section 92 of the Community Charter, the regular meeting of the Electoral

Area Advisory Committee convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(g) and (k) of the Community Charter.

CARRIED

The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at

4:39 p.m.

The regular meeting of the Electoral Area Advisory Committee reconvened at 4:48 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:48 p.m.

CERTIFIED CORRECT

Chair

Bob Fleming

Corporate Officer

Jeanne Byron

Page 6 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1a

REPORT TO COUNCIL

City of Vernon, District of Coldstream

North Okanagan Regional District

2 nd

Quarter 2014 April - June

Vernon North Okanagan

1

Detachment

Committed to preserve the peace, uphold the law and provide quality service in partnership with our communities

Page 7 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1a

2

Superintendent R.G. Burgess

Officer in Charge

Vernon/North Okanagan Detachment

3402 - 30 th

Street

Vernon, B.C., V1T 5E5

Date: July 15 th

, 2014

Mayor and Council

City of Vernon

District of Coldstream

North Okanagan Regional District

Re: Vernon/North Okanagan Detachment Policing Activity Report – 2 nd

Quarter 2014

All crime statistics are featured at the end of this report. Statistics reflect monthly totals for April through

June, 2014 and comparisons of the previous year, 2013.

Vernon/North Okanagan Detachment (VNOD) had set out to maintain yearly target reductions of 5% of both Criminal Code and Property Crime offences in the 2014/15 Annual Performance Plan (APP). June

30 th

represents the end of the first quarter of the APP cycle recording significant spikes in Property Crime and total Criminal Code with increases of 41 and 21% respectively. This coincides with a rash of arsons that started in late March and is heavily taxing both our General Duty and GIS members. Each individual arson is a serious crime requiring significant investigational effort and time. The work being done to identify and charge those responsible and prevent further incidents is interfering with the proactive targeted policing work we do which keeps a lid on other property crime.

Vernon ICAT was nominated for the Premier's Awards and is currently a finalist. A film crew came to

Vernon to do a video clip of ICAT members discussing the work Vernon has done as BC’s frontrunner for proactive approaches to domestic violence. Communities all over our province are now taking on ICAT's in their communities, following our example here.

Targeted Policing continues to actively pursue Provincial Tactical Enforcement Priority targets. The policing priority of identifying, profiling, selecting and targeting individuals and/or groups involved in criminal activity through their association to gangs/organized crime pose a safety risk to the community.

Two previous targets were removed after being incarcerated as a result of enforcement action. One new target was identified and added after involvement in a drug trafficking related home invasion.

This report reflects a representative sampling of our policing activities for the 2 nd

quarter of 2014.

GENERAL INVESTIGATION SECTION (GIS):

Serious Crimes Unit (SCU):

Human Trafficking: In April 2014, the Vernon RCMP Detachment received third hand information of an instance of human trafficking. Matter was investigated by SCU however no information was learned that would support any evidence of human trafficking occurring as reported; file is being concluded.

Assist Georgia PD - Child Exploitation: In April 2014, SCU was tasked with following up with a

United States police agency in relation to a child exploitation investigation which determined that a US suspect had been attempting to exploit youth including a teen with a Vernon IP address.

SCU conducted investigation into the location of the potential victim, learning that the teen is residing in another Province. Investigators facilitated contact between US and Alberta investigators to advance their investigation and our file has been concluded.

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1a

3

Child Sex Assault: In May 2014, an MCFD social worker reported a potential sexual assault of a female child by her father. This matter is currently under investigation by SCU.

HRO Offender Supply Liquor to Minor: In April 2014, the SCU opened a monitoring file of a high risk sex offender on probation and residing in Vernon. In May this high risk offender was found to be supplying liquor to a minor. Due to the likelihood to reoffend recommendation for charges was submitted to Crown, and were approved. The subject was arrested and released on more stringent conditions; matter is currently before the courts.

Obstruction of Justice: In June 2014 SCU began investigation, and has since recommended charges, in relation to two subjects, one of whom is charged for offences related to a recent home-invasion and aggravated assault, for their attempts to obstruct justice by intimidating and bribing witness and victims in those offences. Charges have been recommended to Crown

Counsel who are currently reviewing the matter.

High Risk Sexual and Robbery Offender Monitoring: In June 2014 a high risk sexual offender and subject known for committing robberies was granted full parole from Fraser Regional

Correction Centre and returned to the community of Vernon. SCU is maintaining a monitoring file of this offender while on parole in Vernon.

Sexual Interference of Child: In June 2014 MCFD social worker reported that two male children may have been sexually assaulted by their father. The matter is currently still under investigation.

Domestic Violence Unit (DVU):

Seven new ICAT files were actioned this quarter. Mental health once again is very prevalent in the high risk domestic violence cases. Examples of recent incidents of domestic violence include:

• Victim reported to police that her boyfriend had choked her, bit her and threatened to kill her while holding a knife against her throat two weeks prior. Both victim and the accused had been abusing prescription medications at the time. On March 27, 2014, accused stole victim's social assistance money and house key. The accused is wanted on three Alberta warrants and is awaiting disposition in Alberta on ten charges of assault related offences and utter threats. The accused is bound by an Alberta Recognizance asking that he remain in Alberta and refrain from nonprescribed drugs. Both the accused and the victim suffer from mental health related problems.

• Victim reported to police that during a jealous tirade the accused threatened and assaulted the victim, slapping both sides of her head while she was holding her 13 month old daughter.

According to the allegations the accused then sexually assaulted the victim and confined her to the residence.

• Victim reported to police that during a verbal argument, after threats of physical violence, the accused assaulted the victim, causing her head to strike the microwave oven and he subsequently choked her. Subsequent to the victim moving away from her husband the accused repeatedly criminally harassed the victim by sending a flood of unwanted text messages and distributing naked photos of her on Facebook.

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September 4, 2014 - Item C.1a

TARGETED POLICING:

Task Force (TF):

Over this reporting period the Task Force supervisor has been off duty and working with duty restrictions due to a leg injury suffered off duty.

• Following investigation and surveillance a 54 year old male was arrested for operating a dial-a- dope type drug trafficking operation. Cocaine and cash was seized resulting in possession for the purpose of trafficking charges.

• An investigation was initiated when instructors for the Jean MINGUY Youth Academy observed drug activity in a local parking lot. As a result two males, 28 and 39 years of age, were arrested and found in possession of large quantities of cocaine, methamphetamine, heroin and cash resulting in both being charged with multiple counts of possession for the purpose of trafficking.

One subject has been sentenced to 18 months while the other remains before the courts.

4

• An investigation of a series of mailbox thefts, business thefts and fraud resulted in a 21 year old male being charged with multiple offences.

• Investigation of a shooting incident involving two males in a conflict over a female led to the arrest and charge of a 37 year old male. This investigation further led to a stolen property search warrant resulting in further charges and the recovery of over $30,000.00 in stolen property.

Crime Reduction Unit (CRU):

Resourcing continues to be a challenge for this unit. While we welcomed Cpl. Dan Pollock to replace the previous corporal, there was one vacancy on the Downtown Enforcement Unit and the Prolific Offender constable position remained vacant.

The bait car continues to be deployed in the community but has only resulted in two activations in which items were stolen from the vehicle. In both those instances the suspect has not been identified. At the conclusion of this reporting period there are seventeen prolific offenders identified with eight of them are currently in custody.

• A series of theft from autos were investigated resulting in several persons charged. In one instance a male was charged and later relocated to his originating province. Additionally, a male and female were also charged in relation to a different theft from vehicle.

• DNA warrants were obtained on two offenders believed responsible for commercial break and enter. One accused plead guilty, receiving a three year sentence for a number of offences, and charges are still before the courts on the second accused.

• A Downtown Enforcement member observed a male identified as a high risk offender defrauding persons through a downtown hitchhiking scenario where he convinces people to assist him by providing him with a ride and money. The member located the persons previously interacting with the offender and was able to charge the offender with multiple counts of fraud.

• Assistance was provided to secure charges against a Prolific Offender responsible for an over

$12,000.00 fraud in the Lumby policing area.

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September 4, 2014 - Item C.1a

5

• Investigations were conducted to secure multiple charges of Possession of Stolen Property and

Breach of Probation on a Prolific Offender.

Assistance to Other Units:

During this reporting period Vernon SCU members have provided investigative assistance to some of the following cases:

• In June 2014 SCU received a request from South East District Major Crimes Unit (SEDMCU) to complete follow-up tasks in relation to a homicide in another jurisdiction of BC. Two SCU investigators provided one full day of investigative assistance to this investigation.

• In June 2014, two SCU investigators provided two full days of investigative assistance to

SEDMCU on a homicide occurring in Rural North Okanagan area.

• In June 2014, four SCU investigators provided one full day of assistance to a Vernon General

Duty file involving allegations of a sexual assault of two children; this investigation is currently being investigated by General Duty.

• In June 2014, two SCU investigators assisted for one full day a shooting investigation that occurred in the Rural North Okanagan Detachment Area.

Member Courses:

• During our by-annual training days Targeted Policing provided presentations to detachment members on the topics of possession of drugs for the purpose of trafficking investigations and the

Provincial Tactical Enforcement Priority (PTEP).

• Targeted Policing provided training to employees of the Ministry of Children and Family

Development on common street drugs.

• Targeted Policing provided training to Vernon Safety Ambassadors on the roles of their section and common street drugs.

• One member attended a three week Drug Investigators Techniques Course.

• One member attended a one week Human Source Management Course and the one week

Operational Skills Course.

• Cst. McMullin participated in development of the mandatory RCMP online Domestic Violence training.

TRAFFIC ENFORCEMENT:

Traffic enforcement remains a priority and is predominately carried out by the General Duty members of

V/NOD. Our members have managed near normal quarterly enforcement numbers but their capacity to maintain impaired driving Investigations levels have decreased 45.7%. The Road Checkstop’s hit 18% of yearly target for the quarter, this would be considered low.

• The 1 st

Quarter 2014 total officer vehicle contacts exceeded 2012 record numbers by 8% and have leveled off through the second quarter.

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September 4, 2014 - Item C.1a

6

600

500

400

300

200

100

2011

2012

2013

2014

0

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

VERNON

COLDSTREAM

VERNON RURAL

Violation Tickets

789

37

43

Written Warnings

190

11

13

FORENSIC IDENTIFICATION SECTION (FIS):

• In the last 3 months Vernon FIS have averaged approximately 23 files per month. Call loads have been consistently steady and all 3 members are in full rotation.

• Cpl. Cook was called out to assist in a suspicious death in South Okanagan earlier this quarter.

• Vernon FIS has seen an increase in the number of individuals identified in the last three months and have been kept very busy.

2 nd

Quarter Results:

FIS received 70 calls for service in this quarter, an increase from 64 the previous quarter which is directly related to the number of property crime investigations.

Break and Enter

Theft Vehicle

Drugs

Theft/Recovered Stolen

Mischief/Breach

Armed Robbery

Assault

Homicide/attempt

Misc/Arson

2

1

1

7

15

21

2

13/3

3/1

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• During this quarter a total of 22 individuals were identified through fingerprints or other types of physical evidence; this represents almost double the average.

POLICE DOG SERVICES (PDS):

• Police Dog Services are currently under review at the Division level, in an attempt to align units for maximized shift coverage and reduce on call. This initiative is bringing about significant anxiety for our members pending the decisions which may see integration of dedicated Police

Dog Service teams.

As noted in previous reports, the NCO i/c PDS is in a restricted duty status which is anticipated to continue into the late summer or early fall. This continues to have an impact on the on duty availability of PDS teams in the Vernon/North Okanagan detachment area. Despite this all three of our PDS teams have availed themselves to participate in various community public relations events, providing dog presentations and visibility to youth and elder groups.

• PDS team Cpl. Gingras & PSD Maco successfully completed their 2014 avalanche validation in

April. They also attended 7 community PDS Demonstrations/Talks. Schools, Boys Scouts of

Canada and several retirement homes within the region were some of the organizations who received demonstrations. We also participated in the annual Youth Academy.

RESERVISTS:

• This past quarter our reservists have continued to provide dedicated Traffic Enforcement within the City and Coldstream jurisdictions, as well as the Provincial jurisdiction as funding permitted.

Two of our Reservists were also heavily tasked with our annual firearms training of all members at this detachment. These same two Reservists are now fully engaged for the summer months in our South East District Safe Boating initiative.

• The 3 rd

Reservist will continue to provide regular traffic enforcement duties within all jurisdictions of the Vernon/North Okanagan Detachment as funding permits. All three of these reservists have been, and continue to be, available to assist our regular detachment personnel in community event policing and support activities such as scene security during more serious or complex investigations.

7

SCHOOL LIAISON UNIT:

• Jean Minguy memorial Youth Academy took place April 27 th

to May 3 rd

, 2014. This was the largest troop to date with 54 students representing 6 neighboring School Districts graduating. We also had the largest contingent of police facilitators. The 'wrap-up' is always the most challenging as we have bills to pay and finalizing business with the school districts. This year was truly a huge success.

• We assisted with the YAA (Youth Achievement Awards) Festival and were able to coordinate 5 graduates from this year's Academy to assist with a booth. This was a great opportunity not only for them but for students attending the YAA Fest.

• There were several challenging files in the schools that required ongoing support with many community partners and agencies. The work involved at this level will hopefully prevent future ongoing issues. Cst. Szoboticsanec was kept fully tasked and provided much needed support to

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September 4, 2014 - Item C.1a

8 the School District personnel as they utilized their Crisis Response team on numerous occasions.

This was a very challenging year with mental health issues within the school and the increased violence with students already in 'our system'.

AUXILIARY MEMBERS:

• Mandatory training continues to remain the top priority for all active auxiliaries in the program.

• Four A/Cst’s attended Law day in April at the court house. They were well received by the public, answering questions about the program and providing tours of police vehicles.

• Several of our auxiliaries assisted with the Jean Minguy Youth Academy, one utilized as an instructor for the duration of the youth academy, many others assisted in scenario based training.

• In four auxiliaries attended the Relay for life Cancer event in Polson Park, a good representation at this very public event.

• Auxiliary members assisted with Lumby Days and Funtastic, with five auxiliaries signed up to work in Armstrong and Vernon.

• Total hours logged during this quarter is 458 hours.

COMMUNITY EVENTS:

• Four members from the detachment attended to the Canadian Mental Health “Ride don’t Hide” community bicycle event on a very hot day in June, including Supt. Burgess riding in red serge.

• Several detachment members including auxiliaries actively participated with the RBC Cup

Opening, Closing & Awards Ceremonies. This level of participation received significant support from the community.

• Cst. Rob Schaloske and auxiliary members attended the “Relay for Life” event at Polson Park in red serge. After walking the ceremonial “survivor lap”, Cst. Schaloske commented “I’m not going lie…it was a pretty proud moment to be a member of the RCMP”.

• Sgt. Bob Johnson, Cst. Kathy Szoboticsanec and a small crew of Auxiliary members attended to the annual Law Day event at the Vernon Court House in April. Approximately 1500 people from the surrounding communities attended this event.

HUMAN RESOURCES:

• Vernon/North Okanagan Detachment continues to experience considerable movement in and out of the detachment area. We also continue to experience a heavy trend of absence due to administrative and medical issues.

• The integrated Vernon/North Okanagan Detachment has 101 established positions, of which only

93 are funded. Of our city positions we generally have 8-10 members on administrative or medical status at any given time, making it difficult to consistently maintain 48 operational members within 56 positions. We continue to share some of the salary savings in managing our positions with the Municipality of Coldstream who are currently being billed for 4 of their 7 positions and the Township of Spallumcheen who are being billed for 2 of their 3 positions. The situations in Coldstream and Spallumcheen will be normalized in the upcoming months through transfers and the return of members on medical related leave.

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September 4, 2014 - Item C.1a

• The above restrictions on our funding levels and the impacts of administrative and medical vacancies makes it that crucial to remain on top of our current and planned resources on a daily basis. Duty status situations which reduce the billable salary dollars, contributes to the ability of surplus staffing to maintain the operational resource levels.

Funded Levels:

For the Quarter ending June 30 th,

2014 our detachment billed at 48.45 members for the City of Vernon and 4.08 for the District of Coldstream.

9

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ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – City of Vernon

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

1074 1152 1107 1474 1208 1457

4

23

N/A

6

3

29

9

3

4

29

N/A

4

2

31

7

1

-

42

N/A

5

2

28

7

2

19

3

15

26

1

67

21

52

18

15

41

7

7

13

42

3

75

22

33

10

8

34

11

3

8

31

3

52

21

35

16

13

31

17

7

18

53

2

98

17

62

20

5

49

11

7

18

30

6

65

22

76

23

12

44

16

5

47

15

4

11

59

3

112

36

65

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – Vernon Rural

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

2

-

2

-

6

2

1

4

96

-

1

N/A

-

1

-

1

124

0

3

2

-

1

-

-

-

-

2

3

-

-

1

9

129

-

2

N/A

2

1

1

-

4

-

2

2

1

1

1

7

137

-

2

1

-

2

-

-

2

-

3

-

2

1

1

4

142

-

2

N?A

-

1

1

1

1

-

2

4

1

4

3

12

-

2

2

11

-

3

1

10

183

-

4

3

2

2

-

2

10

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September 4, 2014 - Item C.1a

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – District of Coldstream

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

3

-

1

-

4

-

-

-

82

-

4

N/A

-

-

-

6

99

-

6

2

-

1

1

2

6

-

4

4

1

-

1

3

115

-

-

N/A

-

1

-

2

14

1

1

-

3

-

-

5

146

-

7

1

-

2

3

-

7

-

6

1

2

2

1

6

131

-

2

N/A

-

2

-

-

4

-

7

-

2

1

-

2

7

-

3

-

-

2

15

-

123

-

-

-

-

3

3

6

11

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1

POLICING ACTIVITY REPORT

Armstrong, Enderby, Falkland, Lumby, Spallumcheen, Splats'in, OKIB

2 nd

Quarter 2014 April - June

Vernon North Okanagan

Detachment

Committed to preserve the peace, uphold the law and provide quality service in partnership with our communities

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2

Superintendent R. G. Burgess

Officer in Charge

Vernon/North Okanagan Detachment

3402 - 30 th

Street

Vernon, B.C.

V1T 5E5

Date: July 15 th

, 2014

Re: Vernon North Okanagan Detachment Policing Activity Report – 2 nd

Quarter 2014

All Crime Statistics are featured at the end of this report and reflect monthly totals for April through June,

2014 with comparisons to the previous year, 2013.

Vernon/North Okanagan Detachment (VNOD) had set out to maintain yearly target reductions of 5% of both Criminal Code and Property Crime offences in the 2014/15 Annual Performance Plan (APP). June

30 th

represents the end of the first quarter of the APP cycle recording significant spikes in Property Crime and total Criminal Code with increases of 41 & 21% respectively. This coincides with a rash of arsons that started in late March and is heavily taxing both our General Duty and GIS members. Each individual arson is a serious crime requiring significant investigational effort and time. The work being done to identify and charge those responsible and to prevent further incidents is interfering with the proactive targeted police work we do which keeps a lid on other property crime.

Vernon ICAT was nominated for the Premier's Awards and is currently one of the finalists. A film crew came to Vernon to do a video clip of ICAT Members discussing the work Vernon has done for domestic violence. Vernon is the front runner for proactive approaches to domestic violence in BC and communities throughout the province are following our example.

Targeted Policing continues to actively pursue Provincial Tactical Enforcement Priority targets. The policing priority of identifying, profiling, selecting and targeting individuals and/or groups that are involved in criminal activity due to their association to gangs/organized crime pose a safety risk to the community.

Two previous targets were removed after being incarcerated as a result of enforcement action. One new target was identified and added after involvement in a drug trafficking related home invasion.

This report reflects a representative sampling of our policing activities for the 2 nd

Quarter of 2014.

RURAL GENERAL INVESTIGATION SECTION (GIS):

Stabbing: On April 27, 911 dispatched received several calls that a young male had been stabbed at a large bush party located on Noble Canyon Rd. in Coldstream. The victim had sustained a stab wound to his abdomen and was rushed to Vernon Jubilee Hospital for emergency treatment and surgery. Police attended the scene of the party and observed that it was very large with anywhere from 100 to 300 people present. The victim has made a full recovery and the investigation continues.

Clandestine Lab: On May 19th, RCMP Officers attended a residence on Trinity Valley Road after receiving a complaint of shots being fired on this property. Upon arrival police arrested five people on site and found a significant methamphetamine laboratory on the property. In addition officers found several firearms in the residence, two stolen vehicles and other offence related evidence. The RCMP “E” Division Clan Lab Team attended and undertook a five day search/dismantling of the site that resulted in the seizure of significant quantities of pre-cursor

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September 4, 2014 - Item C.1b

chemicals and dangerous waste. Vernon and Enderby Fire Departments as well as B.C.

Ambulance provided on site assistance/support throughout this search. In addition, B.C.

Conservation Office and Ministry of Environment conducted a parallel investigation to determine what degree of contamination, if any, was present. Charges are pending against two males.

Homicide: On June 19 th

police received a report of a domestic dispute in progress on Trinity

Valley Rd. in Lumby B.C. Police from Lumby and Vernon Detachments responded and upon arrival police located a deceased female and a severely injured male. Investigators initiated a homicide investigation that resulted in murder charges against the injured male. The South East

District Major Crime Unit from Kelowna has assumed conduct of the investigation and Vernon

Detachment investigators continue to assist as required.

Shots Fired: On June 30 th

in the area of Trinity Valley Road and Miska Road, Enderby, BC. a witness reported hearing males yelling at each other then heard what she believed was a gunshot. Officers attended and determined that two male acquaintances had been hanging out together throughout the night when an argument had ensued. The argument resulted in one of the males firing a gun at the other. The suspect was subsequently arrested without incident later that morning and has been charged with firearms offences, uttering threats and assault with a weapon. Police also executed a Search Warrant at a residence that afforded additional evidence and have recovered the firearm used in the shooting incident.

During this reporting period Vernon Serious Crime Unit (SCU) members have provided investigative assistance to the North Okanagan on the following cases:

3

• In June 2014 two SCU investigators provided two full days of investigative assistance to

SEDMCU on a homicide occurring in Rural North Okanagan area.

• In June 2014 two SCU investigators assisted for one full day in a shooting investigation that occurred in the Rural North Okanagan Detachment Area.

Targeted Policing:

In an effort to continue working closely with partner agencies and stakeholders, Targeted Policing attended to and participated in a number of regularly scheduled meetings:

• Interagency; monthly meeting held between RCMP, Parole, Adult and Youth Probation and

Ministry of Children and Families to discuss current status, activities, monitoring and enforcement as they relate to persons deemed a high risk to re-offend.

• Outreach; weekly meeting held between RCMP, Probation, Ministry of Housing and Social

Development, Interior Health, VJH, ACSS Team, Mental Health and Addictions and Mental

Health Forensic Services to discuss status and risk factors related to persons in community that suffer from mental illness and are currently in the Justice System or have a likelihood to be in the

Justice System in the future.

• Mentally Disordered Offenders; quarterly meeting held between RCMP, Crown Counsel, Forensic

Psychiatric Services, Probation, Vernon Jubilee Hospital and Interior Health to discuss status and risk factors related to high risk offenders with a mental disorder.

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Crime Reduction Unit (CRU):

Resourcing continues to be a challenge for this unit. We welcomed Cpl. Dan Pollock to replace Cpl. Red

Leibel who has joined the retirement ranks in Armstrong.

The Bait Car continues to be deployed throughout the communities but has only resulted in two activations where items were stolen from the vehicle. In both those instances the suspect has not been identified. At the conclusion of this reporting period there are seventeen Prolific Offenders identified with eight of them are currently in custody.

4

• Assistance was provided to secure charges against a Prolific Offender responsible for an over

$12,000.00 fraud in the Lumby policing area.

SIGNIFICANT INVESTIGATIONS/INCIDENTS:

• On April 8 th

Vernon/North Okanagan Rural Unit responded to a report of a suicidal woman on

Westside Road. A quick search of the residence and immediate area by police and ambulance personnel failed to locate the woman. Police Service Dog teams arrived on scene and quickly established a track leading away from the home. The track ended in a heavily bushed area and the woman was located lying near a tree weak from an injury. The 53 year old woman was treated by Ambulance personal and transported to Vernon Hospital. If it had not been for the quick actions for all involved the outcome for this woman would have been far more tragic.

• Vernon North Okanagan Rural responded to a double fatal MVI between a 2003 white Volvo SUV and a 1997 red Harley Davidson Motorcycle. The SUV was southbound on Westside Road and pulled out to pass. It struck the motorcycle which was travelling northbound in the oncoming lane. The driver and passenger of the motorcycle died at the scene as result of the accident. A collision reconstructionist attended the scene and the matter is still under investigation.

• On May 11 th

RCMP, Fire & Rescue and EMS responded to a two vehicle collision on Grindrod

Rd. in Enderby, B.C. Initial investigation reveals the driver of a Harley motorcycle entered the oncoming lane and collided head on with a Ford 350 Pick-up. The motorcycle driver was found unresponsive upon attendance and pronounced deceased at scene by EMS. Driver of the pickup and passengers suffered no injuries in the collision. Collision reconstructionist attended scene and the matter remains under investigation.

• On May 2 nd

a log jam on Dale Lake breached causing Cook Creek to wash out Mabel Lake

Road and the power/phone lines serving the people in the Mable Lake area. Two North

Okanagan members were flown into Mable Lake to set up a temporary office. A local resident provided the two officers the use of a vehicle to patrol the roads behind the washout and respond to concerns from the residents trapped behind the slide. Our officers did attend two calls while they were set up in Mable Lake.

• On May 19 th

North Okanagan RCMP responded to a complaint of shots fired in the Trinity Valley

Road area near Enderby at a residence which was subject of an ongoing 8 month investigation by Vernon Rural GIS. The residence was suspected to be a clandestine drug lab producing large quantities of crystal methamphetamine and then trafficking same to the Lower Mainland and

Prairie Provinces. Upon arrival police encountered 3 male and 2 female uncooperative occupants on the property. Police located 2 semi-automatic handguns, 1 semi-automatic "assault" style rifle and confirmed the presence of a drug lab. A synthetic drug lab was located in a detached garage including numerous containers of pre-cursor chemicals as well as stolen property. All 5 individuals were arrested for production of methamphetamine, possession of property obtained by

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September 4, 2014 - Item C.1b

5 crime over $5000.00 and firearms related offenses. The City of Vernon Fire Department's Haz-

Mat Team was set up at Enderby detachment to decontaminate all persons that had been exposed. Removal and disposal of the hazardous chemicals resulted in an investigational expense of approximately $94,000.00; a restitution order is being sought through the courts. The environmental impact investigation and criminal investigation continues.

• In October, 2012 Armstrong RCMP began an investigation into a report of a possible grow operation in the 3300 block of Hope Drive in Spallumcheen. On June 3 rd

, 2014, North Okanagan

RCMP with the assistance of Police Service dog teams and BC Hydro conducted a search warrant under the Controlled Drug and Substances Act at the suspect property. Two people, a man and a woman aged 53 and 50, were arrested for production of a controlled substance. The two suspects claimed to have a production license to grow marihuana however further investigation determined the license was for a different address and considerably less plants; only

392. The search warrant resulted in 1446 marihuana plants being seized from the residence along with all the growing equipment. A court date of July 31 st has been set.

• On June 27 th

North Okanagan members received a report of a 28 year old female suffering from mental health issues. A member located the female on a logging road in the Fintry area and while attempting to detain and transport the female to hospital she assaulted the officer and managed to flee. A Police Service Dog was called in to complete a search of the area and tracked the female to Westside Rd. near La Casa. The female continued to evade police for the remained of the night and was later located in Vernon where she was taken into custody and transported to hospital for treatment.

TRAFFIC ENFORCEMENT:

• The 1 st

Quarter 2014 total officer/vehicle contacts at VNOD exceeded 2012 record numbers by

8% and have leveled off in the second quarter. The graph below represents regional results of

VNOD.

• Impaired drivers taken off road by way of suspension or charge = 22.

600

500

400

300

200

100

0

2011

2012

2013

2014

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

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September 4, 2014 - Item C.1b

6

Detachment

Armstrong

Enderby

Falkland

Lumby

Westside

Spallumcheen

Violation

Tickets//Warnings

23

130

60

83

71

66

FORENSIC IDENTIFICATION SERVICE (FIS):

• In the last 3 months Vernon FIS have averaged approximately 23 files a month. Call loads have been consistently steady and all 3 members are in full rotation.

• Cpl. Cook was called out to assist with a suspicious death in the South Okanagan earlier this quarter.

• Vernon Forensic Identification has seen an increase in the number of individuals identified in the last three months and have been kept very busy.

2 nd

Quarter Results: 29 calls for service. Call volumes in the North Rural continue to rise, up from 23 the previous quarter.

Break and Enter

Theft Vehicle

Drugs

Theft

Mischief

Armed Robbery

Assault

Homicide/Attempt

Sudden Death / Other

8

0

1

1/0

9

4

0

3

3

• During this quarter a total of 22 individuals were identified through fingerprints or other types of physical evidence, which represents almost double the average.

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RESERVISTS:

• This past quarter our reservists have continued to provide dedicated Traffic Enforcement within the City and Coldstream jurisdictions as well as the Provincial jurisdiction, as funding permitted.

Two of our Reservists were also heavily tasked with our annual firearms training of all members at this detachment. These same two Reservists are now fully engaged for the summer months in our South East District Safe Boating initiative.

• The 3 rd

Reservist will continue to provide regular traffic enforcement duties within all jurisdictions of the Vernon/North Okanagan Detachment as funding permits. All three of these reservists have been and continue to be available to assist our regular detachment personnel in community event policing and support activities such as scene security during more serious or complex investigations.

Reservists Traffic Enforcement April – June 2014

Detachment

Armstrong

Enderby

Falkland

Lumby

Spallumcheen**

Vernon Rural

Westside Road

Total

Patrols

2

1

4

3

2

0

0

12

V.T.

15

4

0

0

2

0

14

35

Warnings

17

4

0

0

0

0

5

26

Other

0

0

0

0

0

0

0

0

7

POLICE DOG SERVICES (PDS):

• Police Dog Services are currently under review at the Division level in an attempt to align units for maximized shift coverage and reduced on call. This initiative is bringing about significant anxiety for our members pending the decisions which may see integration of dedicated Police Dog

Service teams.

As noted in previous reports the NCO i/c PDS is in a restricted duty status which is anticipated to continue into the late summer or early fall. This continues to have an impact on the on duty availability of PDS teams in the Vernon/North Okanagan detachment area. Despite this all three of our PDS teams have availed themselves to participate in various community public relations events, providing dog presentations and visibility to youth and elder groups.

• PDS team Cpl. Gingras & PSD Maco successfully completed their 2014 avalanche validation in

April. They also attended 7 community PDS Demonstrations/Talks. Schools, Boys Scouts of

Canada and several retirement homes within the region were some of the organizations who received demonstrations. We also participated in the annual Youth Academy.

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SCHOOL LIAISON UNIT:

• Jean Minguy Memorial Youth Academy took place April 27 th

to May 3 rd

, 2014. This was the largest troop to date with 54 students representing 6 neighboring School Districts graduating. We also had the largest contingent of police facilitators. 'Wrap-up' is always very challenging as we have bills to pay and finalizing business with the school districts. This year was truly a huge success.

• We assisted with the YAA (Youth Achievement Awards) Festival and were able to coordinate 5 graduates from this year's Academy to assist with a booth. This was a great opportunity not only for them but for students attending the YAA Fest.

• There were several challenging files in the schools that required ongoing support with many community partners and agencies with the anticipation that the effort at this level will prevent future ongoing issues. Cst. Szoboticsanec was kept fully tasked and provided much needed support to the School District personnel as they utilized their Crisis Response team on numerous occasions. This was a very challenging year with mental health issues within the school and the increased violence with students already in 'our system'.

AUXILIARY MEMBERS:

• Mandatory training continues to remain the top priority for all active Auxiliaries in the program.

• In April four auxiliary members attended Law day at the Court house. They were well received by the public, answering questions about the program and providing tours of the police vehicles.

• Several of our auxiliaries assisted with the Jean Minguy Youth Academy, one as an instructor for the full duration of the youth academy and others assisting in scenario based training.

• In June four of our auxiliaries attended the Relay for life Cancer event in Polson Park, representing them well at this very public event.

• Late in June Auxiliary members assisted with Lumby Days as well as Funtastic with five auxiliaries working in Armstrong and Vernon.

8

• Total hours logged during this quarter is 458 hours.

COMMUNITY ACHIEVEMENTS:

• Four V/NOD members attended to the Canadian Mental Health “Ride don’t Hide” community bicycle event on a hot day in June, including Supt. Burgess riding in red serge in this family ride.

• Several detachment members including Vernon North Okanagan auxiliaries actively participated with the RBC Cup Opening, Closing & Awards Ceremonies. This level of participation received significant support from the community.

• Cst. Rob Schaloske and auxiliary members attended the “Relay for Life” event at Polson Park in

Red Serge with Cst. Schaloski walking the ceremonial “survivor lap”. Rob commented “I’m not going lie…it was a pretty proud moment to be a member of the RCMP”.

• Sgt. Bob Johnson, Cst Kathy Szoboticsanec and a small crew of Auxiliary members attended to the annual Law Day event at the Vernon Court House in April. Approximately 1500 people from the surrounding communities attended this event.

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9

HUMAN RESOURCES:

• Vernon/North Okanagan Detachment continues to experience considerable movement in and out of the detachment area. We also continue to experience a heavy trend of absence due to administrative and medical issues.

• The integrated Vernon/North Okanagan Detachment has 101 established positions, of which only

93 are funded. Of our city positions we generally have 8-10 members on administrative or medical status at any given time, which makes it difficult to consistently maintain 48 operational members within 56 positions. We continue to share some of the salary savings in managing our positions, with the Municipality of Coldstream who are currently being billed for 4 or their 7 positions, and the Township of Spallumcheen who are being billed for 2 of their 3 positions. The situations in Coldstream and Spallumcheen will be normalized in the upcoming months through transfers and the return of members on medical related leave.

• The above restrictions on our funding levels, and the impacts of administrative and medical vacancies makes it that crucial to remain on top of our current and planned resources on a daily basis. Duty status situations which reduce the billable salary dollars contributes to the ability of surplus staffing to maintain the operational resource levels.

Recent transfers:

• Cst. Komlos transferred to Nass Valley.

• Cst. Laura Pollock transferred into Enderby from Trail.

• Cst. Baylin transferred to New Hazelton.

• Cst. Kevin Mack transferred in from New Hazelton.

Page 26 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1b

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – CITY OF ARMSTRONG

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

85 59 94 101 113 84

-

2

N/A

-

1

1

1

-

-

3

N/A

-

1

4

1

2

-

2

N/A

-

-

1

-

-

1

2

1

-

1

-

1

3

4

5

8

-

-

-

3

-

-

1

2

2

1

-

-

-

-

1

-

2

1

1

3

1

3

-

1

-

1

-

3

4

3

3

-

4

-

1

-

2

-

3

1

2

3

2

-

1

1

7

2

1

1

-

2

-

-

-

10

2nd Quarter Statistics – TOWNSHIP OF SPALLUMCHEEN

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

2

2

-

-

1

-

107

-

-

N/A

-

-

-

1

2

1

84

-

1

-

-

-

-

1

2

2

1

1

-

2

1

5

102

-

3

N/A

-

1

1

-

1

-

1

2

1

1

2

5

78

-

-

-

-

-

-

1

-

-

-

-

1

1

2

1

96

-

-

N/A

-

-

2

-

1

-

3

5

1

-

1

9

4

-

-

1

-

-

-

3

3

78

-

-

-

-

-

1

Page 27 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1b

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – CITY OF ENDERBY

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

55 71 70 63 104 99

1

2

N/A

-

-

3

-

-

-

-

N/A

1

-

-

-

-

-

5

N/A

-

-

3

2

-

2

2

3

-

2

1

-

-

1

1

3

1

-

-

-

-

2

2

3

-

-

3

-

1

1

3

-

1

1

5

-

-

1

1

-

-

-

-

4

-

2

1

1

3

1

-

2

6

-

2

3

6

1

3

1

1

-

4

6

-

2

-

3

-

1

-

11

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – ENDERBY RURAL

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

1

-

-

-

-

2

-

1

47

-

1

N/A

-

-

-

3

72

-

1

1

-

1

-

1

-

-

-

-

-

2

1

5

73

-

4

N/A

-

1

-

1

-

-

2

2

3

1

-

5

70

-

3

3

-

-

-

-

-

-

1

-

-

2

-

4

82

-

2

N/A

-

1

-

2

-

-

6

-

1

-

-

4

2

0

-

-

1

1

-

2

1

-

4

72

-

3

1

-

Page 28 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1b

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – VILLAGE OF FALKLAND

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

14 15 18 17 21 22

-

-

N/A

-

-

1

-

-

-

3

N/A

-

-

-

-

-

-

-

N/A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

1

1

-

-

-

-

-

-

-

1

2

-

-

-

-

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

-

-

-

-

-

-

12

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – FALKLAND RURAL

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

-

-

-

-

-

3

-

1

43

-

-

N/A

-

-

-

1

34

-

1

1

-

-

1

-

-

-

2

-

-

-

-

2

32

-

-

N/A

-

-

-

1

-

-

1

-

-

1

-

3

39

-

1

1

-

-

-

-

-

-

-

-

1

-

-

2

48

-

-

N/A

-

-

-

-

-

-

1

-

-

-

3

2

1

1

-

-

-

1

1

1

-

-

1

42

-

-

-

-

Page 29 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1b

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – VILLAGE OF LUMBY

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

43 42 53 57 70 54

-

3

N/A

-

-

1

-

-

-

1

N/A

-

-

-

-

-

-

2

N/A

-

-

-

-

-

1

-

1

1

-

-

-

-

1

-

1

-

-

3

-

-

1

1

1

-

-

2

1

1

-

2

-

1

2

1

1

-

-

-

-

2

1

-

2

-

-

-

-

1

-

1

2

1

-

-

-

3

-

-

3

2

-

1

2

1

1

-

2

-

-

-

13

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – LUMBY RURAL

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

-

1

-

1

-

-

-

-

38

-

2

N/A

1

-

-

3

46

-

3

1

-

-

1

-

-

-

4

2

-

-

-

5

57

-

1

N/A

-

1

-

1

-

-

3

-

-

1

-

1

64

-

1

1

-

-

-

-

3

-

5

-

2

-

-

4

49

-

2

N/A

-

1

-

-

-

-

4

2

-

2

-

2

-

1

1

-

-

-

-

3

2

1

4

53

-

1

1

-

Page 30 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1b

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – OKIB

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

31 25 36 44 34 41

-

1

N/A

-

-

-

-

1

-

-

N/A

-

-

1

-

-

-

-

N/A

1

-

-

-

-

1

-

1

-

-

-

-

1

1

-

2

-

-

1

1

-

-

1

-

1

-

1

-

-

-

-

-

2

-

-

1

-

3

-

2

-

-

-

-

-

-

1

-

-

-

-

-

-

-

1

1

-

1

1

5

-

-

2

1

-

1

-

-

-

1

2

ACTIVITY TYPE

Total Files

Robbery

Assault

Domestic Assault

Sex Offence

B&E Residence

B&E Commercial

Theft of Vehicle

Theft From Vehicle

Theft Over $5000

Theft Under $5000

Drug Offence

Liquor Offences

Impaired Driving

24 Hour Driving Suspension

Motor Vehicle Accidents

2nd Quarter Statistics – SPLATSIN

April 2013 April 2014 May 2013 May 2014 June 2013 June 2014

-

-

3

-

-

-

13

-

2

N/A

-

-

1

-

-

1

21

-

-

-

-

-

-

-

-

-

-

-

1

1

1

1

31

-

-

N/A

-

-

-

2

-

-

-

3

1

-

-

2

15

-

-

-

-

-

-

-

-

-

-

-

-

1

1

-

39

-

1

N/A

-

1

2

1

2

-

1

-

-

2

1

1

1

-

-

1

-

-

1

1

3

29

-

-

1

-

-

-

14

Page 31 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1c

NORTH OKANAGAN RCMP VICTIMS ASSISTANCE

2nd QUARTER ACTIVITY REPORT

April 1 st

to June 30th 2014

CASELOAD:

• Number of new files: 112

• Client type:

Female: 85 Male: 27

• Adult: 94

Child: 0 Youth: 13

• Number of new clients from family violence: 22

Senior: 5

• Current average monthly active caseload: 330

• Number of hours out on call: 31 hours

• Number of volunteer in-office service hours: 772 hours

• Number of volunteer on-call hours: 2,736 hours

• Number of volunteers: 12

Full time: 2 Part time: 2 Casual: 1 • Number of staff: 3

HIGHEST NUMBER OF INCIDENT TYPES:

• Domestic violence

• Sudden death

• Sex assault

AREA OF COVERAGE:

• Vernon

• Coldstream

• Armstrong

• Spallumcheen

• Enderby

• Lumby

• Cherryville

• Falkland

CLIENT CONTACT/SUPPORT:

• Daily in office client support

• Court support.

• After hour call-outs

VOLUNTEER TRAINING/PROGRAM DEVELOPMENT:

• Program monthly training for volunteers & staff

• Staff and volunteers participated in Victims of Crime Week (April 7 to 11) information booth at the

Village Green Mall.

• Program Manager Presentation on VAU services at the public Community Forum for Victims of Crime week April 10 th

.

• Staff and volunteers attended training in Kelowna April 9 & 10 on Hidden Facets of victim issues and worker care for victims of crime week with workshops on, unresolved trauma and grief, male victims of family violence, male victimization, and worker care-vicarious trauma.

Page 32 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.1c

NORTH OKANAGAN RCMP VICTIMS ASSISTANCE

2nd QUARTER ACTIVITY REPORT

April 1 st

to June 30th 2014

• Staff and 8 volunteers attended the annual police victim’s services training May 8-10

• Annual volunteer appreciation banquet held June 20 th

. th

in Burnaby BC.

• Staff and volunteers attended all day workshop on understanding your grief by Dr. Alan Wolfelt.

STAFF TRAINING & MEETINGS:

• Weekly staff meetings/daily program file reviews

• Program Manager attended MCFD (Ministry of Children and Family Development) training in Kelowna

May 6 th

• Staff members completed RCMP mandatory online Respectful Workplace course

• Staff attended all day BCVOH (BC Victims of Homicide) training for service providers in Kelowna May

30 th

.

• Assistant manager attended Critical Incident Response, Police Victim Services training for 2 days in

Burnaby (Manager to attend same training in July)

COMMUNITY MEETINGS:

• Integrated Case Assessment Team (ICAT) meetings

• Violence Against Women in Relationships (VAWIR) committee meetings

• Suicide Prevention committee meeting

• Homicide/Suicide Bereavement groups planning meetings

• Sexual Assault Services meeting

• Meeting with Restorative Justice manager

OPERATIONAL MEETINGS:

• Detachment liaison meetings

• Detachment Unit/Section Heads meetings

• RDNO employee/liaison/staff meetings

• Program Manager and RDNO Administrator meetings

• Health and Safety meetings

• Quarterly Police Victim Services Region board meetings

Completed by: Anita EILANDER

Program Manager

Page 33 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.2a

City of Vernon Protective Services

Safe Communities Unit

Regional Crime Prevention Programs Coordinator

Report to the Regional District North Okanagan

Board of Directors

Date: August 25th 2014

Summary

 Conducted 8 Speed Watch Operations at Kalamalka Lake View Drive at request of EAAC Directors, see separate report attached

 Coordinator manned Safe Communities Unit info Booth at IPE at Armstrong

 Coordinator attended Mabel Lake Rural Enderby and met with Westside Assoc.

 Attended Protective Services Safety meeting at City of Vernon CS Building.

 Attended Communications Strategy meeting at City of Vernon CS Building.

 Attended JPW offices Armstrong and met with new QA manager.

 Invasive species prevention promoted at RDNO boat launches.

 Attended Ministry of Highways/Transportation offices in Vernon met with Travis

Tormala, Approvals Technician regarding Block Watch signs.

 Conducted Block Watch presentation to residents in Twin Lakes Rd, Enderby .

 Coordinator met with ICBC area representative Christine Silver in Vernon, regarding Speed Watch / Lock out auto crime / Bike Safety Rodeo programs

 Coordinator attended Wellness Centre Lumby gave seniors talk/advice.

 Coordinator liaising with possible Captains for 3 new Block Watch programs.

 ICBC Speed reader board being used daily in the RDNO 5 Electoral areas

 Coordinator gets daily crime updates from the RCMP occurrence logs.

 Coordinator reads and responds to RCMP emails on GroupWise system.

 Coordinator working on PowerPoint presentations in the SCU office.

 Coordinator submits 3 monthly, 200 plus words, Crime/Safety articles to newsletters in the RDNO electoral areas

 Coordinator continues to perform ICBC Lockout Auto crime in the RDNO areas.

 Continuing to promote the RCMP Block Watch program in the 5 Electoral Areas which gives Coordinator communication with around 400 households.

 Regular emails sent and contact with Block Watch Captains and program members with crime alerts, updates and Crime/Safety tips.

 Coordinator continues to visit Electoral Areas on daily visits and talks to resident’s community groups and businesses regarding safety / crime concerns.

 Coordinator has worked 17 days in August.

 Coordinator has taken 2 EDO in August.

 Coordinator has taken 1 sick day off in August.

 Coordinator has taken 1 Statuary day off, BC Day off in August.

Page 34 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

RDNO Area B (BX/Swan Lake) – Area C (BX Silver Star)

September 4, 2014 - Item C.2a

 Attended Kekuli Bay Boat launch spoke with boaters re:Invasive species/safety and also motorists regarding ICBC Lockout Auto crime

 Coordinator met with the 3 New Captains of the new Block Watch programs in

BX Road, Pleasant Valley Road and Kalamalka Lakeview Drive.

 Conducted 4 Speed Watch operations on Kalamalka Lakeview Drive in August.

 Attended 2 Pleasant Valley Road homes regarding placement of Block Watch signs on residential properties.

 Visited businesses and gave Robbery Prevention / Credit card Fraud advice.

 Attended Cosens Bay parking area and Kalamalka Lake parking area and spoke to motorists regarding ICBC Lockout Auto crime.

 Coordinator attended Hartnell Rd area regarding new monitoring program.

 Visited BX hiking recreational car parks regarding ICBC Lockout Auto crime.

 Attended BX Dog Park, spoke to motorists regarding ICBC Lockout Auto crime.

 Attended Keddlestone Road/ Wilson Jackson/Deer Park area and visited numerous properties to increase the Block Watch membership in the area.

 Speed Watch program performed on 2 occasions on East Vernon Rd in August.

 Speed Watch program performed on 2 occasions on Silver Star Road in August.

 Speed Watch program performed on 1 occasion in August on Pleasant Valley Rd

 Maintaining regular contact with the 11 Block Watch programs in the area, which gives Coordinator access to over 210 households / family members by the e-mail system and Block Watch Captains set up.

 Coordinator visits area 1 day a week, split into 2 morning/afternoon periods.

RDNO Area D (Lumby Rural) – RDNO Area E (Cherryville)

 Coordinator attended and spoke regarding Crime Prevention / Community Safety advice to seniors at the Seniors Drop in and Wellness Centre in Lumby,

 Attended Mabel Lake Provisional Park spoke to park host regarding any concerns and posted Stolen Boat list at park boat launch.

 Spoke with boat users at Mabel Lake boat launch regarding Invasive species.

 Coordinator attended Cherryville local businesses and advised on Robbery

Prevention / Credit card Fraud program to staff.

 Attended Shuswap Falls BC Hydro Recreation car park, Mabel Lake Rd and spoke with motorists regarding Lockout Auto crime.

 Attended Shuswap River BC Hydro Picnic car park, Cherryville and spoke to motorists regarding Lockout Auto crime.

 ICBC Speed Watch program performed on 2 occasions on the Mabel Lake Road,

 Speed Watch program performed on 1 occasion in August on Highway 6

Westbound, near to Frank’s store in Cherryville.

 Submitted Crime Prevention article for Cherryvillan monthly newsletter.

 Maintaining regular contact with the 1 Block Watch program in area, Whitevale

Road, Lumby which gives Coordinator access to 18 households / family members

 Coordinator visits area 1 day a week, split into 2 morning/afternoon periods.

Page 35 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

RDNO Area F (Enderby Rural)

September 4, 2014 - Item C.2a

 Conducted Block Watch presentation at home of Block Watch Captain to new

Block Watch at Twin Lakes Rd, Rural Enderby.

 Met with Grindrod members regarding parking issues at Grindrod Garlic Festival.

 Attended Mabel Lake met with Westside Association Rep and toured area.

 Attended locations in Area F for Shuswap River Watch reporting forms distribution.

 Spoke with boating public regarding Invasive species prevention at Mara Lake and

Mabel Lake boat launches.

 Attended Grindrod Store and advised regarding Crime Prevention.

 Spoke with motorists regarding Lockout Auto crime at Mara Lake Provisional Park

 Attended Block Watch Captain in Grindrod to get updates regarding area issues.

 Stolen Boat Lists posted at Mara and Mabel Lake boat launches.

 Met with Grindrod Recreation members about possible drug activities in Grindrod

Park and possible solutions.

 Coordinator visited Block Watch resident in Grandview Bench regarding noise issues in the surrounding area.

 Coordinator met with members in Grindrod / Mara regarding River Watch program

 Coordinator visited local businesses in Area F regarding Robbery Prevention.

 Coordinator attended Mabel Lake Resort and Rivermouth Marina regarding parking issues and ICBC Lockout auto crime and spoke with motorists.

 Speed Watch program performed on 1 occasion on Mabel Lake Rd Kingfisher

 Speed Watch performed on 1 occasion on Mabel Lake Rd Ashton Creek Enderby

 Speed Watch program performed on 2 occasions in Grindrod during August, monitoring traffic over bridge and through area, 50k zone.

 Attended Deep Creek / Mallory Rd / Gardom Lake, Rural Enderby Block Watch program and toured area with the Captain regarding increasing membership.

 Visited Block Watch Captain in Grandview Bench regarding increasing membership in the surrounding area and any community concerns.

 Met with Block Watch Captain in Mara to discuss any community concerns.

 Maintaining regular contact with the 6 Block Watch programs in area which gives the Coordinator access to over 165 households / family members by the email system and the Block Watch Captain set up.

 Coordinator visits area 1 day a week, split into 2 morning/afternoon periods.

I submit my Coordinators August monthly report, my August Speed Watch monthly report and the Kalamalka Lakeview Drive report for your information and consideration,

Kind regards,

Roy Morgan.

Regional District of North Okanagan.

Crime Prevention & Community Safety Coordinator.

City of Vernon Protective Services

Page 36 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.2b

SPEED WATCH MONTHLY REPORT FOR August 2014

RDNO Speed Watch PROGRAM COORDINATOR: Roy Morgan

PHONE: 250-550-7845 FAX: 250-260-5866 E-MAIL: [email protected]

Locations

(Intersection/ Corridor/

Highway)

Pleasant Valley Road

Vernon Christian school B

# of Speed

Watch

Deployments

2

Total

Vehicles

Checked

67

Over 10 km/h

0

# of deployments with police presence

(2 or 3 strikes)

# of tickets issued

Kalamalka Lake View Drive B

4 81 0

Pottery Road,

Hillview school B

Silver Star Rd, BX school C

East Vernon Road C

Mabel Lake Road, near JW

Inglis Elementary. Lumby D

Cherryville North Fork Road, near Elementary school. E

Highway 6E, near Franks store, Cherryville E

Highway 97N, Mara, near

Putula Recreation park. F

Mabel Lake Road, near Ashton

Creek store,Rural Enderby F

Grindrod, Highway 97S F

Mabel Lake Road, Kingfisher F

Grindrod 4 th School zone F

0

0

1

2

2

2

0

1

2

1

0

0

439

75

187

0

63

0

33

135

25

0

0

0

0

0

0

0

0

0

0

0

0

TOTALS

17 1105 0

Total visibility hours

17

# of Warning Letters issued

0

Total admin hours

1.0

# of Active Volunteers

0

TOTAL HOURS

18

# of Seat Belt Surveys

0

Comments: Locations chosen close to school zones and communities concerns regarding speed.

Page 37 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.2c

City of Vernon Protective Services

Safe Communities Unit

Regional Crime Prevention Programs Coordinator

Report to the Regional District North Okanagan

Board of Directors

Date: 25 th August 2014

This report has been prepared at the request of the EAAC Directors after a representative party from Kalamalka Lakeview Drive attended the EAAC meeting on

Thursday July 3 rd and made requests for speed monitoring on the road that they lived.

Kalamalka Lakeview Drive is an elevated road section that runs parallel to Kalamalka

Lake and Highway 97, starting from the Viewpoint, it is approx. 3 km in length and ends at the junction to Highway 97 and features numerous sweeping bends in its length.

The road has no posted speed limit sign so has an 80km / hr advisory speed limit. .

The study was conducted covertly from a vehicle with the use of a Hand held radar gun.

A total of 166 moving vehicles were checked travelling from both directions at various times/days as listed below;

July 2014 0930hrs-1030hrs Monday 14 th

16 vehicles travelling between 40-50 km / hr Total of 18 vehicles checked

2 vehicles travelling between 50-60 km / hr

Highest recorded speed – 55 km / hr.

Wednesday 16 th July 2014 1200hrs-1300hrs

10 vehicles travelling between 40-50 km / hr Total of 25 vehicles checked

5 vehicles travelling between 50-60 km / hr

10 vehicles travelling between 60-70 km / hr

Highest recorded speed – 68 km / hr.

Thursday 17 th

July 2014 0800hrs-0900hrs

8 vehicles travelling between 40-50 km / hr Total of 18 vehicles checked

5 vehicles travelling between 50-60 km / hr

5 vehicles travelling between 60-70 km / hr

Highest recorded speed – 70 km / hr

Page 38 of 102

Tuesday 29 th

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item C.2c

July 2014 0730hrs-0830hrs

14 vehicles travelling between 40-50 km / hr Total 24 vehicles checked

3 vehicles travelling between 50-60 km / hr

7 vehicles travelling between 60-70 km / hr

Highest recorded speed – 59 km / hr

Monday 11 th August 2014 0730hrs-0830hrs

3 vehicles travelling between 40-50 km / hr Total of 15 vehicles checked

7 vehicles travelling between 50-60 km / hr

5 vehicles travelling between 60-70 km / hr

Highest recorded speed – 70 km / hr

August 2014 1030hrs-1130hrs Tuesday 12 th

18 vehicles travelling between 50-60 km / hr Total of 26 vehicles checked

5 vehicles travelling between 40-50 km / hr

3 vehicles travelling between 60-70 km / hr

Monday 18 th

August 2014 0745hrs-0845hrs

2 vehicles travelling between 40-50 km / hr Total of 11 vehicles checked

5 vehicles travelling between 50-60 km / hr

4 vehicles travelling between 60-70 km / hr

Highest recorded speed – 66 km / hr

August 2014 1700hrs-1800hrs Tuesday 19 th

15 vehicles travelling between 50-60 km / hr Total of 29 vehicles checked

4 vehicles travelling between 40-50 km / hr

9 vehicles travelling between 60-70 km / hr

1 vehicles travelling between 70-80 km / hr

Highest recorded speed – 72 km / hr

I submit this Coordinators Kalamalka Lake View Drive Speed Watch report for your information and consideration,

Kind regards,

Roy Morgan

Regional District of North Okanagan.

Crime Prevention & Community Safety Coordinator.

City of Vernon Protective Services.

Page 39 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 13-0257-B-TA / 3060.03.03

TO:

FROM:

Electoral Area Advisory Committee

Planning Department

DATE: August 25, 2014

SUBJECT:

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana

Production Facilities]

RECOMMENDATION:

That Zoning Text Amendment Bylaw No. 2606, 2013, be amended as follows:

• By removing Sections B.4, B.5, B.6, B.7, B.8, B.9, B.11, B.12 in their entirety;

• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.14;

• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.16;

• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.18 in order to:

• Remove all minimum parcel size requirements in excess of what is required within Zoning

Bylaw No. 1888; and,

• Amend Industrial Zone setback requirement to be consistent with Zoning Bylaw No. 1888; and further,

That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as amended, and be referred to a second Public Hearing.

DISCUSSION:

The proposed amendments to Bylaw No. 2606 will further clarify the Regional District’s land use approach to addressing the implementation of the Marihuana for Medical Purposes Regulation

(MMPR), which include the following:

1. Identifying appropriate zones for the location of medical marihuana production facilities; and,

2. Clarifying appropriate regulations within the zones for medical marihuana production facilities.

The Regional District received 6 written submissions and 3 public presentations during the Public

Hearing for Zoning Text Amendment Bylaw No. 2606, 2013, held on March 5, 2014. In response to the comments received at the Public Hearing, the Board of Directors postponed Third Reading of

Bylaw No. 2606, 2013 and requested that staff consider the input provided when proposing amendments to the Bylaw.

At the regular meeting of May 8, 2014, the EAAC discussed zoning for medical marihuana production facilities. The Electoral Area Directors expressed concerns regarding the tax rates of commercial marihuana operations licensed under the Medical Marihuana Purposes Regulations. According to the

BC Assessment Authority (BCAA), properties used for medical marihuana production may qualify for

Class 9 (Farm), which may result in significantly lower property taxes for commercial and/or industrial properties. EAAC requested that staff investigate and report back on the tax implications of permitting

Page 40 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 2 medical marijuana production facilities within Industrial Zones prior to considering amendments to

Bylaw No. 2606.

This report recommends amendments to Bylaw No. 2606, 2013, with consideration of input received at the Public Hearing, agency referral comments and taxation implication information requested by the

Electoral Area Advisory Committee.

A background summary of MMPR and Bylaw No. 2606, 2013 progress has been included within

Appendix “A”.

RECENT DEVELOPMENTS:

1. Supreme Court of Canada Injunction

On March 21, 2014, the Supreme Court of Canada granted an injunction that exempts currently licenced marijuana users and producers under the Marihuana for Medical Access Regulations

(MMAR) from the terms of the incoming Marihuana for Medical Purposes Regulations (MMPR), set to take effect on April 1. The court challenge was based on the grounds that the MMPR infringed upon the Canadian Charter of Rights and Freedoms. The basis of the court challenge related to the projected price increase of medical marihuana and its effect on low income consumers.

According to the decision, people with a valid Authorization to Possess, Designated-person

Production, or Personal-use Production License "are exempt from the repeal of the Marihuana

Medical Access Regulations and any other operation of the Marihuana for Medical Purposes

Regulations which are inconsistent with the operation of the Marihuana Medical Access Regulations, to the extent that such an Authorization to Possess shall remain valid until such time as a decision in this case is rendered." As a result, both MMAR and MMPR will operate concurrently. Bylaw No. 2606 only address medical marihuana production facilities under MMPR.

The number of people authorized to possess, and often grow, marijuana under MMAR has increased to 37,000 at the end of 2013 from fewer than 100 in 2001. Over half of these licenses are in British

Columbia. As of June 19, 2014, only 13 MMPR facilities have active MMPR licenses in Canada.

2. Medical Marihuana and Taxation

The issue of medical marihuana production and Farm Class has been ongoing over the last 9 months and communications with BCAA staff on November 14, 2013 and April 17, 2014 confirmed that licensed medical marihuana production facilities could apply for Farm Status under the Classification

of Land as a Farm Regulation. For information, the presentation that BCAA presented to City of

Vernon Council on May 26, 2014 has been attached to this report.

On June 24, 2014, the Minister of Community, Sport and Cultural Development issued an Information

Bulletin (attached to this report) that reversed the previous interpretations of Farm Status as it applies to medical marihuana and confirmed that the BCAA would be “excluding federally-licensed medical marijuana production from the list of agricultural uses that qualify for farm classification for assessment and property tax purposes.” The Province has amended the Classification of Land as a

Farm Regulation to exclude federally-licensed medical marijuana production facilities as a qualifying farm product for assessment and taxation purposes.

Page 41 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 3

PUBLIC HEARING:

Public Hearing Comments:

The Regional District received 6 written submissions and 3 public presentations during the Public

Hearing for Zoning Text Amendment Bylaw No. 2606, 2013, held on March 5, 2014. The minutes of the Public Hearing have been attached to this report.

The following concerns and comments regarding were presented during the Public Hearing:

• Reduction or elimination of minimum parcel size for both ALR and Industrial zones (3);

• Medical marihuana production facility as a permitted use in all Rural zones, including Small

Holdings (S.H.) and Country Residential (C.R.);

• Additional setback or minimum parcel size requirements not necessary due to the air filtration requirements of Health Canada that eliminate odour;

• Scale of operation should be proportional to size of property; and,

• Put in place bylaws that encourage medical marihuana production facilities.

In addition, several submissions requested further land use restrictions on medical marihuana production facilities:

• Increase the lot line setback to 100 metres from school sites and facilities with large groups “at risk”;

• Medical marihuana facilities should be sited on a height of land that would minimize odour; and,

• Safety concerns for properties surrounding a medical marihuana facility within a rural setting, especially where there is no police or fire protection, street lights and additional security;

In response to the comments received at the Public Hearing, the Board of Directors requested that staff consider the input provided and report back to the Board.

Health Canada clarification regarding Public Hearing Comments:

Staff have discussed the comments received at the Public Hearing, held on March 5, 2014, with

Health Canada staff. Health Canada has confirmed the following:

1. The Regional District has received four (4) MMPR license application notifications to date;

2. Health Canada has four (4) MMPR producer license applications, as of June 19, 2014, in process within RDNO Electoral Areas, for which the Regional District has received notifications;

3. Health Canada does not have any other MMPR applications within the Electoral Areas in process at this time;

4. The Regional District would be contacted regarding licensing of MMPR facilities once the application had reached the stage of Health Canada inspection;

5. All MMPR applications that were received by Health Canada without local government notification would be considered incomplete and returned to the applicant, with no exceptions;

6. The MMPR licensing process is very rigorous and the applicant would be required to undertake due diligence, including conformance with local government bylaws. The onus is on the applicant to meet both Health Canada and local government requirements;

7. The application process takes, at a minimum, 90 days to complete;

Page 42 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 4

8. Medical Marihuana Production Facilities licensed under MMPR “must be equipped with a system that filters air to prevent the escape of odours and, if present, pollen”

1

. Health Canada has confirmed that MMPR facilities must not release any odours; and,

A summary of MMPR security and operational requirements has been included within Appendix “A”.

Proposed Bylaw No. 2606, 2013 pertains to medical marihuana production facilities licensed by

Health Canada under the MMPR. At this time, one property under consideration by Health Canada for

MMPR Production Licenses may be impacted by proposed Bylaw No. 2606, 2013 because the existing structure within a Rural zone but outside the ALR..

ANALYSIS:

Local governments across Canada are considering how to regulate medical marihuana facilities and, whereas some jurisdictions may attempt to restrict medical marihuana operations altogether, some may limit them to ALR land only, while others are considering permitting them in industrial, agricultural or rural zones or as a home-based business. The use is generally not considered commercial as retail sales are not permitted by the MMPR. Further, as these are larger scale production facilities with fencing, restricted access, visual monitoring and intrusion detection, they may not be compatible with residential uses.

While a local government could restrict medical marihuana production facilities outright, this restriction would be vulnerable to legal challenge. Further, as these facilities will be permitted on ALR lands, staff recommends consideration of where these facilities could locate based on the issues and concerns raised by the community, consideration of Provincial policy direction, Electoral Area planning policy and potential community impacts and Electoral Area service implications.

Staff have considered the comments received during the Public Hearing and have provided the following clarifications and recommended amendments to Bylaw No. 2606, 2013.

Effect of Bylaw No. 2606, 2013:

Bylaw No. 2606 addressed land use regulation of medical marihuana production facilities licensed by

Health Canada under MMPR. Facilities that are operating under MMAR are not addressed within this

Bylaw.

Marihuana operations which are operating without Health Canada MMPR licenses or valid MMAP authorizations are not permitted uses in any zone.

Notice of Applications Submitted to Health Canada:

Under the Health Canada regulations, all applications to become a Licenced Producer under the

Marihuana for Medical Purposes Regulations requires the applicant to notify the local government, local police department and local fire authority of their intent to submit an application. To date, the

Regional District has received or was advised of four (4) notifications located within the following

Electoral Areas:

• Electoral Area “B”: One application for a property zoned General Industrial (I.2).

1

Section 50, Marihuana for Medical Purposes Regulation

Page 43 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 5

• Electoral Area “D”: Two applications for properties located within the ALR (one of which is within an Agricultural Industrial zone); and one application for a Rural zoned property outside of the ALR.

The Regional District has received a number of preliminary enquiries regarding a medical marihuana use in general, and some property specific enquiries, but the above are the only Health Canada notifications received to date.

Staff has confirmed with Health Canada staff that only these four applications are under MMPR

Producer License consideration within the Electoral Areas. Licensed producers must be in compliance with all Regional District bylaws and Health Canada approval is required prior to the operation and use of a building or property for medical marihuana production.

Building Permit Requirements:

The Building and Safety Standards Branch has classified medical marihuana production facilities as low hazard industrial buildings (F-3 occupancies) or medium hazard industrial buildings (F-2 occupancies) under the B.C. Building Code. Basic life safety features such as exits, emergency lighting, exit signage and ventilation would be required to meet code compliance.

A building permit is required for any new construction, or for a change in use of an existing structure for a medical marihuana production facility. Any facility that was constructed, or structurally altered, in the past without a building permit is considered non-compliant.

Development Permit Requirements:

A Development Permit may also be required for properties that include a medical marihuana facility that are within a Development Permit Area.

Nuisance Concerns:

In response to the referral of Bylaw No. 2606, the RCMP, Interior Health Authority, Electoral Area

Directors and Building Department identified odorous emissions as a nuisance issue that will need to be further addressed to reduce the impact on adjacent properties, including those zoned residential, rural, commercial or industrial. Concerns were raised regarding the effectiveness of ventilation systems, as defined in the Building and Production Security Requirements for Marihuana for Medical

Purposes Guidance Document. These concerns were based upon extensive experience by these agencies with medical marihuana production and nuisance issues. Minimum parcel sizes were introduced as a mechanism to reduce potential impacts identified as a result of referral comments.

Health Canada has assured the Regional District that licensed MMPR faculties will not be permitted to create odours that will affect adjacent properties. Health Canada completes a facility inspection prior to issuance of the MMPR licenses, although Health Canada has a limited number of inspectors to ensure compliance after the initial license is issued.

Zoning Implications:

Zoning Text Amendment Bylaw No. 2606, as proposed at Second Reading, permits medical marihuana production facilities on all Industrial zoned lands (I.1, I.2, I.3 and I.4) with a minimum parcel size of 1.0 ha and lands zoned Rural (C.R, L.H and N.U) that are within the ALR and have a minimum parcel size of 8.0 ha.

Page 44 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 6

The following table provides a summary of all lands zoned Rural within the ALR and Industrial within the Electoral Areas.

# Private

Parcels

I.1

Industrial Zone

I.2 I.4

Rural Zones

(ALR)

Electoral Area "B"

Electoral Area "C"

Electoral Area "D"

Electoral Area "E"

Electoral Area "F"

1378

1903

1441

714

2350

7786

9

0

0

0

2

10

12

0

11

0

7

30

0

0

2

0

2

4

614

689

930

414

1144

3791

TOTAL

Rural Zones within the ALR:

Currently, the Regional District contains 3,791 private parcels that are entirely or partially within the

ALR, which represents almost 50% of all private parcels in the Electoral Areas. The Agricultural Land

Commission (ALC) has indicated that medical marihuana production is considered a “farm use” and, through an Information Bulletin updated in January 2014, it was determined that local government can regulate, but not prohibit, medical marihuana production facilities within the ALR.

As stated in the September 30, 2013 staff report, to be consistent with the direction provided by the

ALC, the proposed Zoning Bylaw amendment would state that a “medical marihuana production facility” is a permitted use on properties that are located in the ALR and are zoned Country

Residential (C.R), Non-Urban (N.U) and Large Holding (L.H). To limit impacts associated with offensive odours, noise, vibration or glare in these areas, Bylaw No. 2606 at First Reading proposed that buildings used to house medical marihuana production facilities be setback 30 m from adjacent

Rural zoned properties, 60 m from Residential zoned properties and 15 m from streams. Such setbacks would be consistent with setback requirements associated with intensive agricultural uses.

Other jurisdictions have implemented similar setbacks for medical marihuana use, such as Regional

District of Nanaimo and Cowichan Valley Regional District. The Ministry of Agriculture recommends maximum setbacks of 30 m for intensive agriculture.

A minimum ALR parcel size of 8.0 ha was introduced at Second Reading in response to concerns expressed by the RCMP, IHA, Regional Agricultural Advisory Committee, the Building Department and Electoral Area Directors regarding potential odour and other potential nuisances, such as light pollution and community character impacts.

It is recommended that, after reviewing Public Hearing comments and clarification from Health

Canada regarding security and operational requirements, that the minimum ALR parcel size requirements be removed from Bylaw No. 2606 and, similar to other intensive agricultural

uses, that setbacks are the primary mechanism for nuisance mitigation.

Based upon the large number of Electoral Area parcels within the ALR, the inability for these facilities to apply for Farm Class status, future medical marihuana operations on ALR lands would have a positive property taxation impact on the Regional District.

Since the ALC consider medical marihuana production a permitted farm use, it is recommended that medical marihuana production be a permitted use within the ALR within all

Electoral Areas, with the exception of Small Holdings (S.H.). This recommendation is consistent with the Bylaw No. 2606 at First Reading.

Page 45 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 7

This recommendation will affect one Health Canada MMPR application for a property zoned

Large Holdings (L.H.) and outside of the ALR in Electoral Area “D”. The Board of Directors could consider permitting “medical marihuana production facilities” on this L.H. parcel for an existing operation operating under MMAR that was engaged in the MMPR licensing process prior to Bylaw No. 2606.

Industrial Zones:

As discussed within the staff report dated September 30, 2013, Industrial zones are appropriate zones for medical marihuana production facilities. In most cases they are close to major roads and urban areas where emergency response would be improved. Many industrial sites in the Electoral Areas have greater access to services, fire protection and emergency response than more rural properties and have high visual permeability and as such, lend themselves well to video surveillance to monitor vehicular activity and facility access.

Commercial medical marihuana production, based upon the proposed Health Canada requirements, is consistent with an industrial use, as defined by the Zoning Bylaw, including Light Industrial (I.1),

General Industrial (I.2), Industrial Park (I.3) and Agricultural Industrial (I.4) Zones.

Section 601.1.f Zoning Bylaw within the Light Industrial (I.1) Zone, requires that permitted uses include “manufacturing and processing provided that they do not create fire, explosion, or safety hazards; noise in excess of average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no production of heat or glare perceptible from any lot line of the site on which the use is located.”

Industrial zones are the most appropriate sites for licensed medical marihuana facilities, the Electoral

Areas have a very limited industrial land base which result in relatively large financial contributions to

Electoral Area service provision, especially fire protection. With the exclusion of federally-licensed medical marijuana production facilities as a qualifying farm product for assessment and taxation purposes under the Classification of Land as a Farm Regulation, staff are supportive of permitting

“medical marihuana production facilities” in all Industrial Zones, which is consistent with Bylaw No.

2606 at First Reading.

Based upon further clarification with Health Canada regarding the mitigation of odour nuisance issues, staff recommended removing the 1.0 ha parcel size requirement and any setbacks that are in excess of what is currently within the Zoning Bylaw.

FINANCIAL IMPLICATIONS:

The Regional District does not have a role in determining BCAA property assessment class and

Zoning Bylaws does not supersede the Classification of Land as a Farm Regulation (BC Reg.

411/95). BCAA has informed the Regional District in the past that Farm classification (Class 9) may be applied to land if it meets the legislated requirements under the Classification of Land as a Farm

Regulation, irrespective of zoning. The Province, as of June 24, 2014, has amended the Classification

of Land as a Farm Regulation to exclude medical marihuana as a eligible agricultural product for taxation purposes. According to past BCAA information, marihuana production facilities would be classified as Class 6 – Business and Other, which has a property taxation multiplier of 2.45. BCAA, in the past, has not considered these facilities to be an industrial use (Classes 4 and 5), which have a property tax multiplier of 3.4. The location of medical marihuana facilities would financially contribute to Electoral Area services, which may include fire protection and emergency services, regardless of location within the ALR or the Industrial Zone.

Page 46 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No . 2606, 2013 [Medica l Mar ihu ana Produc t ion Faci liti es )

Report to Electoral Area Advisory Committee August 25, 20 1 4 Page 8

SUMMARY

:

At the regular meeting of May 8, 2014, the EAAC d i scussed zon i ng for medical mar ih uana production facilities . The Electo r a l Area Director s exp r essed concerns regarding the tax rates of commercia l mar ih uana operat i ons li censed under the

Medi ca l Marihuana Purposes Regu l

ations. EAAC requested that staff i nvest i gate and report back o n the tax implication s of perm itt ing medical marijuana productio n facilities within I ndustr i a l Zones p ri or to co n s i der in g amendme nt s to By l aw No . 2606.

The intent of the proposed by l aw amendments i s to permit and regu l ate medica l marihuana produc t io n facilities that are li censed by Health Canada on l a n d w ithin the Agricultural Land Reserve and I ndustria l Zones in the E l ectora l Areas. Based on the comme nt s rece i ved from the Publ i c Hearing and through the referra l process, and recent i n formation received by the Province, staff h ave revised

By l aw No . 2606 by :

• Removing a ll minimum parcel s i ze requirements: and,

• Amend in g In dustr i a l Zone setback r eq uir e ment to be consiste nt wit h Zo n i n g Bylaw No. 1888 .

Therefore , p l ann i ng staff re comme nds that By l aw No . 2606 be g i ven Second Reading , as amended, and be referred to a second P ubl ic Hearing in accordance with t h e provis i ons of Sect i on 890 of the

Loca l Government Act.

Submit t ed by :

E nd orsed by:

Rob Smai l es, MCIP, RPP

General Manager, Planning and Building

Coord in ator

Approved For Inclusion :

of m

t&f

1

)

,

Dav i d Sewe ll ,

1.J{){ _

Chief Administrative Officer

Page 47 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 9

Appendix “A”: BACKGROUND

Transitioning to Marihuana for Medical Purposes Regulations:

In June 2013, the Marihuana for Medical Purposes Regulations (MMPR) were enacted by the Federal government to replace the Marihuana for Medical Access Regulation (MMAR) and will be implemented through a phased approach, to be completed in March 2014. On October 1, 2013 individual licenses to produce marihuana under MMAR were no longer issued. As presented within the staff report dated September 30, 2013 and included on the November 7, 2013 Electoral Area

Advisory Committee agenda:

“On December 16, 2012, Health Canada announced changes to Federal Legislation regarding the production and distribution of marihuana for medical purposes. In this regard, the Marihuana for Medical Purposes Regulations are proposed to become fully implemented by April 1, 2014.

The stated objective of the Regulations is to reduce the risks to public health, security and safety of Canadians, while improving the way in which individuals access marihuana for medical purposes. Some of the proposed changes include:

All current personal and designated grow licenses will expire on March 31, 2014.

Production of medicinal marihuana will no longer be permitted in private dwellings.

Production, packaging, labeling and storage of medical marihuana must occur indoors and

on the licensed producer’s site.

The licensed producer’s site must be designed in a manner that prevents unauthorized

access.

The perimeter of the licensed producer’s site must be secured with an intrusion detection

system and a visual monitoring system to detect any attempted or actual unauthorized access.

Areas within a site where cannabis is present must be equipped with a system that filters air

to prevent the escape of odours and, if present, pollen.

Medical marihuana will be shipped by producers to users through a courier service. No

retailing will occur at the production site.

License holders will need to provide the location of the production sites to the local police

force, local fire authority and local government.

Local government regulatory bylaws, including zoning and building bylaws, will need to be

respected.”

The MMPR requires applicants to notify local government, police and fire authorities prior to applying to Heath Canada for a commercial medical marihuana production license. The Federal Health

Minister has clarified that local applicants will have to meet the bylaws of local jurisdictions, including zoning and building requirements (See attached letter).

During the transition period, individuals can make arrangements to access medical marihuana from licensed producers under the MMPR. As of March 10, 2014, 12 producers have been licensed to supply medical marihuana under MMPR, including five (5) facilities in British Columbia. The MMAR and MMPR deal exclusively with the medical use of marihuana and do not address the issue of legalizing marihuana for general use.

Page 48 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 10

MMPR Security and Operational Requirements:

In response to citizen concerns expressed at the Public Hearing regarding security and nuisance concerns, the following MMRP regulations have been summarized:

1) Security Measures - Commercial medical marihuana production must meet the following security measures: a) Operations must be fully contained indoors (i.e. all growing, storage, packaging); b) Sites must be designed in a manner that prevents unauthorized access and an intrusion detection system must also be in place at the site's perimeter; c) Buildings must have 24 hour video surveillance to detect any attempted or actual unauthorized access to the site and buildings; d) Access to areas where cannabis is present must be controlled by records of access, physical barriers to prevent unrestricted access, have 24 hour video surveillance and have an intrusion detection system in place; e) Distribution of cannabis must be by mail only (i.e. no on-site retailing permitted); f) Any loss or theft of medical marihuana products must be reported within 24 hours to the local

RCMP and within 10 days to the Health Minister; g) Security clearance is required for the senior staff in charge as well as the license holder; and, h) The Health Minister must be notified of any changes in personnel.

2) Inspections: a) Health Canada may perform inspections to confirm information submitted as part of an application for a new license, or for an amendment or renewal of an existing license; b) Health Canada has also indicated that inspections and/or audits will occur on an 'ongoing basis' for approved commercial medical marihuana production under MMPR;

3) Filtration: a) Health Canada requires that areas with cannabis be equipped with a filtration system to prevent the escape of odours and pollen.

Bylaw No. 2606, 2013:

Zoning Text Amendment Bylaw No. 2606, 2013 only addresses medical marihuana production facilities’ licensed under MMPR and has no effect on facilities that are currently operating under

MMAR. In response to the changes in medical marihuana regulations and the associated land use implications, Regional District staff presented Zoning Text Amendment Bylaw No. 2606, 2013 to the

Electoral Area Advisory Committee on November 7, 2013 for consideration. Bylaw No. 2606, 2013 proposed the following amendments to Zoning Bylaw 1888, 2003:

1. Create a new definition for Marihuana and Medical Marihuana Production Facilities;

2. Include Medical Marihuana Production Facilities as a permitted use on properties: a) Within the Agricultural Land Reserve (ALR) in rural Zones (C.R., N.U. and L.H) subject to the facility meeting agricultural setback requirements; b) Within Industrial Zones including Light Industrial (I.1), General Industrial (I.2), Industrial

Park (I.3) and Agricultural Industrial (I.4) Zones; c) Subject to the provisions of Home Occupation Use, potentially as a Home Occupation use; and,

3. Prohibit Medical Marihuana Production Facilities in all other zones, unless otherwise permitted.

Page 49 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 11

At the regular meeting of November 20, 2013, the Board of Directors passed the following resolution:

“That Zoning Text Amendment Bylaw No. 2606, 2013, which proposes to amend Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003 to establish regulations related to medical marihuana production facilities, be given First Reading; and further,

That Zoning Text Amendment Bylaw No. 2606, 2013 be referred to legal counsel, internal departments (including Fire Departments), Agricultural Land Commission, the Royal Canadian

Mounted Police, Health Canada and other various agencies for review and comment prior to consideration of Second Reading.”

At the regular meeting of January 16, 2014, staff requested the Electoral Area Advisory Committee consider appropriate land uses for medical marihuana production within their respective jurisdictions and provide comments to staff.

In response to the referral, the RCMP, Interior Health Authority, Electoral Area Directors and Building

Department identified odorous emissions as a nuisance issue that will need to be further addressed within the proposed Bylaw to reduce the impact on adjacent properties. To address these concerns, staff recommended the following changes to draft Bylaw No. 2606, 2013:

1. Minimum parcel size of 1.0 ha for properties zoned Industrial and additional setback requirements;

2. Minimum parcel size of 8.0 ha for properties zoned Rural and located within the Agricultural

Land Reserve; and,

3. Prohibited as a Home Occupation.

On February 19, 2014, Zoning Text Amendment Bylaw No. 2606, 2013 was considered by the Board of Directors and was given Second Reading and the Board also resolved to forward the Bylaw to a

Public Hearing. Bylaw No. 2606 was presented at a Public Hearing on March 5, 2014 and, based upon concerns raised; the Board of Directors passed the following resolution:

That the matter of Zoning Text Amendment Bylaw No. 2606, 2013 being given Third Reading be postponed to consider information presented at the Public Hearing and allow for amendments to the bylaw.

Property Taxation in British Columbia:

Within the Assessment Act, properties are separated into nine property classifications. Municipalities have authority under Part 7 of the Community Charter to tax property owners. This same authority does not apply to regional districts. Instead, the Local Government Act provides the authority for regional districts to establish bylaws setting out maximum taxation amounts. The Province taxes property owners on the regional districts' behalf and remits the revenue to the regional district.

Property taxation depends upon two different but interrelated mechanisms:

1. Establishment of property values for land and improvements, which is the responsibility of the

BCAA; and,

2. Establishment of a tax rate which, when multiplied by the property value, will raise the appropriate amount of property taxes.

Municipalities:

The Community Charter grants municipalities the right to set property tax (millage) rates for each

Assessment Act property classification to generate the revenue required to operate the municipality.

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September 4, 2014 - Item E.1

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production

Facilities]

Report to Electoral Area Advisory Committee – August 25, 2014 Page 12

In general, municipal councils have discretion to set these rates at whatever amounts are needed in order to recover sufficient taxation revenue to meet their needs, and to determine the appropriate ratio or relationship between tax rates set for each property class. Depending on the economic position and development goals of a municipality, one property classification may receive favorable treatment over another.

For instance, a Council could determine that Class 4 (Major Industry) would be taxed at rates that are four times that set for Class 1 (Residential) and that Class 6 (Business and Other) would be taxed at rates 3 times the Class 1 rate. Municipalities also have the discretion to create sub-classes within the nine BCAA property classes that establish differential property taxes for specific uses.

Regional Districts:

Regional districts, as permitted under Part 24 of the Local Government Act, are able to tax properties for specific services such as:

• fire protection;

• street lighting;

• garbage;

• recycling; and

• recreation;

• water;

• sewer;

• general administration.

Each service is established by bylaw which sets out the maximum amount to be charged for that service in a given year. A single property may fall within a number of service areas and the taxes that are charged will be directly related to the services received. Regional districts create annual tax requisitions specifying the amount to be collected for each service in order to meet annual revenue needs. The Provincial Surveyor of Taxes establishes a tax rate which is then levied against the properties within Electoral Areas.

Tax rates for all property classes are set out in the Provincial Regional District Tax Regulation, which provides a ratio of tax rates to the residential rate as set out below.

• Class 1 – Residential - 1.00 : 1 • Class 6 – Business / Other - 2.45 : 1

• Class 2 – Utilities - 3.50 : 1

• Class 4 – Major Industry - 3.40 : 1

• Class 5 – Light Industry - 3.40 : 1

• Class 8 – Recreation / Non-profit - 1.00 : 1

• Class 9 – Farm - 1.00 : 1

Unlike property taxation discretion that municipalities have under the Community Charter, the nine (9)

BCAA classes have standard Provincial taxation rates that can not be varied by a regional district.

Farm Class (Class 9):

Section 23 of the Assessment Act and B.C. Reg. A 11/95, the Classification of Land as a Farm

Regulation set out the requirements that must be met for land to be classified as farm for assessment and tax purposes. Farm classification (Class 9) is a voluntary program. Owners of land who want all or part of their property classified as farm must apply to the local assessor. The deadline for application is October 31 of each calendar year and reapplication is required on an annual basis.

Qualifying agricultural uses are listed in Section 1 of the Schedule at the end of the Farm Class

Regulation 411/95. One of the "qualifying agricultural uses" is "medicinal plant culture", which is defined as "the cultivation or management of plant species, containing naturally occurring substances that are used to restore, maintain or improve health", which BCAA has determined applied to medical marihuana production.

Page 51 of 102

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September 4, 2014 - Item E.1

Marihuana f o r M e di c al Purp oses R eg ulation s

Q&A package for Municipalitie s

A. Licensing Process

1. Is there a limit on how many production licence s will be approved in each jurisdiction?

The

Marihuana for Medical Purposes Regulations

do not limit th e number of li censed producers of marihuana for medical purposes based on geographic location .

2. Are licen sed producers required to display their HC licenc e on site?

No . Licensed producers must keep t h e orig i nal copy of the licence issued by Health

Canada , but it does not need to be posted in the facility . A l ist of li censed producers is available on the Health Canada webs i te .

3. What shou ld a licensed producer include in a notification to local authorities?

Under th e

Marihuana for Medical Purposes Regulations,

a potential li censed producer must provide a written notic e to a sen ior official of the local government, fire authority and local police force or detachment of the RCMP in the area in which the site is lo cated .

This written notice must include the name of the applicant, the date on which the app li cat i on will be submitted, the address of the proposed site and each building on the site, and the activities for which the licence is being soug ht.

T h e same information must be provided to the local authorities upon a cha ng e to the licence (i.e

.

, issued , amended, r evoked or suspended) within 30 days of the s tatu s change .

P l ease note that a re~onse from the loc al authority is not required .

4. Who will inform the local authorities when a licence to produce marihuana for medical purposes has been revoked?

Under the

Marihuana for Medical Purposes Regulations,

th e licensed producer i s required to notify their local authorities r egard ing changes to the s tatu s of th eir li cence, inc lud ing revocation . This notice to lo ca l authorities must occur within 30 days of the change . In addi tion, Health Canada's website is updated regu l arly.

5. Are there any restrictions on where production sites can be located?

Production of marihuana under the

Marihuana for Medical Purpose s Regulations

can only be indoors and can n ot be conducted in dwelling places .

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September 4, 2014 - Item E.1

Marihuana for M e di c al Purpo ses R e gulation s

Q&A pa c kag e for Municip a liti es

Licen s ed producers must a l so c omp ly with all app li cable provin c ial/territorial and municipal legislation and regulations . Parties interested in becoming licensed producers are encouraged to communicate with their muni c ipal officials to det e rmine if there are any zon in g or by " l aw restrictions.

6. Can a lic ensed producer operate multiple locations?

Yes . If the app li cant intends to engage in a n activity at more than one s it e, the

Marihuan a for M e dica l Purposes Regulations

indi cate that a separate applica ti on must be made for each proposed site.

7. Are delivery systems such as storefronts or vending machines compliant with the Marihuana for Medical

Purposes Regulations?

No. Licensed producers must ship dried marihuana directly to the client.

8. Can compassion clubs dispense for a licensed producer?

No. Licensed producers must sh i p dried marihuana directly to the c li ent.

B . Bylaws and Zoning

9. Do municipal zon ing by-laws apply to production s ites under the

Marihuana for Medical Purposes Regulations?

Licensed producers must comply with a ll other federal , provincial and municipal l aws and by " laws, in c ludin g municipal zo n i ng by laws . It is the responsibility of the municipality to conduct the relevant in spections for comp li ance with by laws such as zoning.

Health Canada ca n only inspect for c ompliance wit h the Marihuana for Medical

Purposes Regulat i

ons and any relat e d federal l eg isl ation .

10. Can municipalities stop the licen sing process if they disagree with the proposed site of production or any other requirement?

Health Canada will i ssue a li cence t o produce as long as the app li cant sat i sf i es the requirements set out in the Marihuana for Medical

Purposes Regulations .

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September 4, 2014 - Item E.1

Marihuana for Medical Purpos e s R e gula t ion s

Q&A p a c k age for Municipalities municip a liti es disagree with the propo sed s it e of pro du ction, th ey ca n co mmun icate a ny conce rn s directly t o the owner of th e produ c t io n s it e and e nf o r ce l oca l byl a w s.

Li ce n se d producers a r e s ubj ect to loca l by law s . It i s the r es pon s ibility of th e muni c ip a lit y to co ndu ct th e relevant i nsp ec tion s fo r co mpli a n ce with lo cal r e quir e m e nt s s u c h as zo nin g .

C .

Security

11. How is HC and/or RCMP/Iocal police enforcing security measure s?

A ll a pplic a nt s f or a producer ' s lic ence und er the

Marihuana f a M ed i ca l Purposes

Reg ul at ion s

h a v e to meet rigorous phy sica l secu rity r equ ir e m e nt s, including a s it e d es ign and security s y s t em th a t prevents unautho ri ze d access to th e ir faci lity .

Additionally, enhanced background checks are und e rtaken , in cooperation with the

RCMP, to e n s ure that ther e a r e no assoc i a t io n s w i th individu a l s or o rgani za tion s that pose an un acce ptabl e risk , such as th e ri s k of diversion of m ar ihu a n a to th e illi c it market.

Th ese checks are required for key p e r so nn e l a nd a lt e rn a t es, officers and directors of corporation . For mor e information on sec urity, plea se visit: http : //www .

h csc .

gc .

ca / dhpmps/marihuana/info/add supo-eng .

php

Once li cences ar e issu ed , li censed producers are s ubj ec t to comp li ance a nd enforcement measures, in c l uding aud it s and in spec tions by He a lth Ca nada.

D. Inspections

12. When are inspections conducted by

HC?

A ll l icen se d produ ce r s (LP) of m a rihuana for medica l purposes will b e s ubj ec t to ongoing inspection on a broad range of f ac tor s. Th e r e will b e thr ee core i nsp ect ion types: pr eli censing inspections , full inspection and targ ete d inspec tions.

After an application h as been sc r ee n e d and reviewed with a focus on sec urity measures at th e s it e and for k ey pe rsonn e l , a pre l icence in spec tion i s co ndu c t ed. This i s pr i o r to th e i ss uan ce of a li cence und e r the

Marihu a n a for M e di ca l Purpo ses Regu l ations.

Once an app li ca nt has passed a pr e l ice n ce insp ec tion a nd has m e t all requir eme nt s under th e regulations, a l icence is issu e d . Upon receipt of a li cence t o produ ce marihuan a for m e dic a l purposes , pr od u cers are s ub ject to audits and inspection s by

Health Ca n ada .

A full insp ec tion i s a n inspection after th e licence has been issu ed where th e licensed producer wi ll be assessed agains t th e full r ange of e l eme nt s r e qui red und er the MMP R,

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September 4, 2014 - Item E.1

Marihuana for Medical Purposes Regulations

Q&A package for Municipalities such as: security measures, record keeping, product storage, review of loss and theft reports, review of monthly sales reports, inventory audit, etc.

A targeted inspection is an inspection which will focus on previously identified criteria, such as follow-up to observations previously identified on an inspection or a review of certain high risk elements, such as review on inventory, product storage, security, etc.

13. Can a municipality request a Health Canada inspection?

If there are concerns regarding the activities taking place at a licensed producer's site, the information can be provided to Health Canada and the information will be considered for follow up on a case-by-case basis.

Licensed producers must comply with all other federal, provincial and municipal laws and by-laws, including municipal zoning by-laws. It is the responsibility of the province, territory, or municipality to conduct the relevant inspections for compliance with their laws.

14.What is the scope of an inspection executed by Health Canada?

Health Canada inspects licensed producers for all requirements under the Marihuana for

Medical Purposes Regulations and other related legislation, such as the Narcotic Control

Regulations and Food and Drugs Act. For example, this includes inspecting their production practices, record-keeping and security measures. In addition, licensed producers are required to have standard operating procedures. All of these measures mitigate risks to individual and public health and safety.

15. If non-compliance is identified, does Health Canada have the authority to suspend or revoke the licence?

Yes. Health Canada has the authority to suspend or revoke a licence as described in the

Marihuana for Medical Purposes Regulations. Examples of circumstances where a licence can be suspended or revoked include:

• grounds to believe that the licence was issued on the basis of false or misleading information;

• the licensed producer has contravened a provision of the Controlled Drugs and

Substances Act or the Food and Drugs Act ;

• the licensed producer has contravened a condition of their licence or of an import or export permit issued under the Marihuana for Medical Purposes Regulations,

41

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September 4, 2014 - Item E.1

Marihuana for Medical Purpose s Regulations

Q&A package for Municipalitie s

• information received from l aw enforcement raises grounds to be li eve that they have been involved in he diversion of a controlled substance to an illicit market ;

• key persons required to hold a security c l earance do not hold a valid c l earance; and

• it i s necessary to suspend or revoke the licence to protect public health, safety , or security .

E . Transition from the Marihuana Medical Access Regulations

16.

What will happen to all of the marihuana plants that were legal under the old program?

When a licence to produce or an author i zat i on to possess marihuana for medical purposes expires or is revoked under the R"ogram participants must destroy a ll marihuana in their possession and notify the Minister of Health of the destruction within

10 days.

If participants do not comp ly with the requirement to notify Health Canada, the department may take comp li ance and enforcement actions , inc ludin g notifying law enforceme n t of non comp lian ce.

17. What experience does Health Canada have in regulating manufacturers and distributors of drugs (like marihuana)?

Health Canada has been regulating the activities of manufacturers and distributors of controlled drugs , including cannabis, since the com ing into force of the

Narcotics Contro l

Act

in 1961. The

Narcotics Control

Act was repealed in 1996 by the current

Controlled

Drugs and Substances Act .

Health Canada has a l i cens in g sc h eme in place that is supported by compliance and enforcement activ i t i es to ensure complia n ce with the Act and its regulations .

Page 56 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

13.C

. pt·csc r vc s loca l gove rnm e n t s ' t ax r eve nu e s J i· orn m edica l ma r i j ua n a g r o w er s

September 4, 2014 - Item E.1

View the ocjnLec fr i endlv ye r stoo of th is rel e a s e.

BRITISI-1

COLUMBIA

Fo r I m m e d iate Re l ease

2014CSCD0039 000862

Ju ne 2 4 , 20 14

IN F O R MA T ION B ULL ET IN

Mi n i st r y of Co m m u n i ty , Spo r t an d C ul tu r al

Deve l op m ent

M i n i st r y of Agr i cu l ture

B .

C . pr ese rv es loc a l g ov e rnm e nt s ' ta x r e v e nu es f r o m m e dic a l m a riju a n a grow e r s

V IC T OR I ATh e Govern m e n t of B ri t i s h Co l um b ia i s exclu di ng fe d e r a l ly li ce n se d me di ca l ma r i juana pr od u c ti o n f ro m t he l i st of ag r i cu l t ura l uses t hat q ual if y fo r f arm class i f i ca ti o n fo r assessme nt and propert y tax pu r poses.

Th e dec i s i o n w i l l ensu r e l oca l governments d o n ot lose p o te n tia l proper ty tax r e v e n ues fro m th e H ea l t h

Canada l i censed prod u ct i o n facili ti es.

M e d ica l m a ri j u a n a i s a f e d era l l y r eg ul a t ed narco ti c p r od u ce d b y l i censed o p e r ators i n B r it i s h Co l u m b i a .

Th e r e a r e cu rr ently fi ve fede r a ll y l ice n sed f ac i l i t i es i n Br i t i sh Co l u m bia.

B.c.'s p osit i on t akes i nt o co n s id e r at i o n t h e n a t u r e of t h e h i g h l y r egu l a t ed an d sec u re f aci lit i es , and is co n sis t e nt with t h e ap pr oach be i ng taken in n eig hb o u r in g A l b e rt a.

Th e Gove rnm ent o f Br i t i s h Co l u m b i a wi ll a l so co n t in ue to v i e w m e di ca l m a ri j u a n a pr o d uctio n as an a ll owa bl e f ar m u se wi t hin t h e Ag r icu l t ur a l L and Reserve t h a t s h ould no t b e p ro h i b ited by l oca l go v e rn ment b y l a w s. T h i s i s con s i stent w it h t h e Ag ri c u ltu r a l L an d Co m missio n 's i nterpreta ti on o f th e A g r ic ultu ra l La nd

Commiss i o n A c t.

Federal r eg u l a ti o n s fo r med i cal m ar i j uana came int o effect A pr il 1, 201 4 . Th e ex cl us i on f r om f a r m classi f ica t io n f o r pr oper ty tax p ur poses wi ll ta k e e ff ect f o r p r o p e rt y assessmen t s i n th e 2015 taxa t io n year.

Medi a Cont a c ts:

S h a n no n H age r m a n

Mi n i s t ry o f Comm u n i ty , Spor t a nd Cu l tura l

D e v elopme n t

250 953-3677

Robert Boe l e n s

Mi n i st r y o f Ag ri c u l ture

2 50 356 167 4 h tt p://www2 .

n e w s .gov

.

b c.ca/ n ew s _ r c l ca ses _ 20 1 3 -20 1 7/20 14 C SC D 0039

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13.C. prese r · ves l oca l govemmenls' lnx r eve nu es from mcdica l mnrijunnn growers

September 4, 2014 - Item E.1

BACKGRO UN D E R

Ministry o f Commun i ty, Sport and Cu l tural For Immed i ate Release

2014CSCD0039 000862

June 24, 2014

E li g ibili t y fo r farm cl ass i f i cat i o n for p r op e r t y tax purp o se s

Development

Ministry o f Agriculture

In British Co l umbia, the BC Assessment Act specif i es which farm uses qual i fy for farm classification for property tax assessment purposes. If the income derived from t h ese qualifying uses meets the prescribed levels, t h e l and and buildings i n which the activities are carried out may be e l igible for certain tax benef i ts.

Farm class co n fe r s significant bene f its to a prope rt y thro u gh low land va l ues, reduced tax rates, PST exemptions and exemptions on farm buildings of up to 87.5% of value.

The B.C. government has amended the farm class r egula t ion to exc lu de fede r al l yl icensed medical marijuana p r oduction facilit i es as a qualifying farm product f o r assessmen t and taxatio n purposes. This means the fac i l i t i es would n ot be e li gible fo r the benefits of farm classi fi catio n . The r egulatory amendment wi l l t ake e f fect i n the 20 1 5 prope r ty t axa ti o n yea r .

Th ere are a l ready approved ac ti v i ties o n Agric ul tura l Land Reserve (AL R ) l and t hat are n ot e l igib l e for f arm c l ass i f i cat i on fo r assessme nt a n d property t ax p u rposes. Excluded products and act i v i t i es i nclude farm or ranch tourism operat i ons; sand and gravel extract i on operat i ons and wi n ery and ci d e r y facilities.

Fac ili t i es a r e acce p te d f a rm u se within Agricul t ural L a nd R eser v e

Licensed medical marijuana p r od u c t i o n f acilities may be l ocated o n b oth provincial ALR and non-A L R la n ds, subject to l ocal government zo n i n g and other si t e requireme n ts. The Agr i cultural Land Commission has determined that med i ca l mari ju ana p r oduction i s consistent w i th the def i nit i on of a fa r m use under t h e

Agr i cu l tural Land Commission Act. H owever, as a federally regu l ated narcotic, it w ill not be e l igible for farm classif i cation for prope r ty tax purposes. Co n s i ste n t with t he fede r a l gove r nme n t's direction a n d t he

Agricu l t u ra l L and Commiss i on's pos i t i on , and based on legal guidance, t h e P r ovince agrees l ocal governments s h ould not pro hi bi t m e d ica l mar iju ana p r oduction i n the A LR .

L oca l gove rn ments look i ng to pr opose a by l aw p r ohibiti n g med i ca l ma r ij u ana may wish to seek l egal cou n se l as e n act i ng such a bylaw m ay g i ve r i se to a const i tut i ona l c h alle n ge as fr u strating a l awfu l i n i t i a t ive of t h e fede r al government.

H ea l t h Ca n ad a li ce n se d f ac i lit i es:

S i nce 2001, H ea l th Ca n ada has gran t ed access to mar ij uana for medical purposes to Canadians w h o have had the s u pport of t h ei r p h ysicians. In J une 2013, the Governme n t of Canada introduced new r eg u la ti ons t h at treat me d ical marijuana as a con t rolled na r cotic and created a n ew commercial i ndustry that is responsible for its production and dist ri bution. As of Ap r ill, 2014, th e on l y way to access medica l mar i juana for med i ca l purposes i s t h r o u gh commercia l , l i censed produc ti ons. h tt p ://www2.

n cws.gov.bc

.

c u / n cws _ rclcuscs _ 20 1 3-20 1 7/20 1 4CSCD0039

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IJ .C. pr·eserves l oca l gove rnm e nt s' t ux r ·e v e n u es li · om rn c dic al rna r iju a na g row e r s

September 4, 2014 - Item E.1

Th e f e d eral gover nm e nt r e q u ir es l i ce n sed producers t o maintain specif i c secu rity measures, i n clu d i ng a d e t ailed d escrip ti on o f the m eas ure s and f loo r p l a n s of th e s i te, a nd to meet l ocal government r equ i remen t s as a cond it i on o f th eir license. As of M a y 5, 2014, fiv e l i ce n ses have b ee n i ss u ed to p r oduce r s in Ce ntr a l Saa ni c h, M aple Rid ge , Wh istler, Nanaimo and Spa llum c h een.

Q ui c k Link s :

H ea lth Cana d a (M edica l Use of Mari j uana): www.hc

sq~c.ca/dhp mps/marihuana/index ene;.php

BC Assessment: www bcassessmeot ca/Paies/default.aspx

A gr i cu l tu ral L a nd Co mmi ss i on: http://www.alqNv.bc.ca http://www.alc.e;ov.bc.ca/publications/ALC I nfo Bulletin Marijuana Amended Jan 2014.pdf

Medi a C ontact s:

S h a nnon H ager m a n

Mini s try of Community, S p o rt and Cu l tura l

Deve l opment

250 9 53-3 677

Robert Boe l e n s

M i n is t r y of Agriculture

250 356 16 74

Co nn ect with t h e Province o f B .

C. at: www.e;ov.bc.ca/connect h l l p ://www2.

n cws.gov.

b c.c

a / n ews _ r e l eases _ 2 0 1 3-20 1 7/2 0 1 4 CSC I) 0039-000 8 62.

htm l, 6/2 4 /20 1 4 2: II :56 PM J

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September 4, 2014 - Item E.1

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2606

A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to regulate medical marihuana production facilities.

WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,

1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the

Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional

District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones;

AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto

AND WHEREAS the Board is desirous to amend the Zoning Bylaw to regulate Medical

Marihuana Production Facilities;

NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

A. CITATION

This Bylaw may be cited as the “Zoning Bylaw Text Amendment No. 2606, 2013”.

B. AMENDMENTS

1. Division Two – Interpretation of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding the following definitions:

“Marihuana” means all parts of the genus cannabis whether growing or not and the seed or clone of such plants.

"Medical Marihuana Production Facility" means a facility, licensed by the Federal

Government under the Marihuana for Medical Purposes Regulation used solely for the production, manufacturing, processing, testing, packaging, and shipping of marihuana and marihuana products for medical purposes

.

2. Division Three – Basic Provisions of the Regional District of North Okanagan Zoning

Bylaw No. 1888, 2003 is hereby amended by adding Section 306.9 as follows:

Medical marihuana production facilities or grow operations except as explicitly permitted under the provisions of this bylaw.

Page 60 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.1

Page 2 of 4 Bylaw No. 2606

3. Division Six – Industrial Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by amending Section 601.1.f as follows:

...manufacturing and processing, including medical marihuana production facilities, provided that they do not create fire, explosion, or safety hazards; noise in excess of average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no production of heat or glare perceptible from any lot line of the site on which the use is located...

4. Division Six – Industrial Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 604.1.i. as follows:

Medical marihuana production facilities, provided that they do not create fire, explosion, or safety hazards; noise in excess of average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no production of heat or glare perceptible from any lot line of the site on which the use is located.

5. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 802.1.u. as follows:

Medical Marihuana Production Facilities, subject to the provisions of 802.10.m. of this

Bylaw.

6. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 802.10.m. as follows:

Medical Marihuana Production Facilities

Medical marihuana production facilities shall only be permitted on lands within the

Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and provided that these facilities do not discharge or emit odorous, toxic or noxious matter or vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess of ambient noise at the property boundary; electrical interference; or any other health or safety hazards.

7. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 803.1.v. as follows:

Medical Marihuana Production Facilities, subject to the provisions of 803.10.n. of this

Bylaw.

8. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 803.10.n. as follows:

Medical Marihuana Production Facilities

Medical marihuana production facilities shall only be permitted on lands within the

Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and provided that these facilities do not discharge or emit odorous, toxic or noxious matter or vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess of ambient noise at the property boundary; electrical interference; or any other health or safety hazards.

Page 61 of 102

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September 4, 2014 - Item E.1

Page 3 of 4 Bylaw No. 2606

9. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 804.1.v. as follows:

Medical Marihuana Production Facilities, subject to the provisions of 804.10.o. of this

Bylaw.

10. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw

No. 1888, 2003 is hereby amended by adding Section 804.10.o. as follows:

Medical Marihuana Production Facilities

Medical marihuana production facilities shall only be permitted on lands within the

Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and provided that these facilities do not discharge or emit odorous, toxic or noxious matter or vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess of ambient noise at the property boundary; electrical interference; or any other health or safety hazards.

11. Division Eleven – Off Street Parking, Schedule “B” of the Regional District of North

Okanagan Zoning Bylaw No. 1888, 2003 is hereby amending Section 1101.3. Schedule of Parking Requirements to include:

Uses Minimum Number of Parking Spaces Required

Medical Marihuana

Production Facilities

1.5 per 100 m² (1076 square feet) gross floor area

12. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 1: Minimum Setbacks From Lot Lines – Principle Farm Buildings,

Structures and Areas, Row 1, Column 4: Dog Kennels, Livestock, Poultry, Game & Fur as follows:

Dog Kennels, Livestock, Poultry, Game & Fur, Medical Marihuana (barns, brooder houses, confined livestock areas, medical marihuana production facilities fur farming sheds, hatcheries, kennels, livestock shelters, milking facilities, indoor and outdoor riding arenas & stables)

13. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 2: Minimum Setbacks From Lot Lines – Residential Zones – Accessory

Farm Buildings, Structures and Areas, Row 1, Column 4: Livestock, Poultry, Game & Fur as follows:

Livestock, Poultry, Game & Fur, Medical Marihuana

14. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 3: Minimum Setbacks From Lot Lines – Other Than Residential Zones –

Accessory Farm Buildings, Structures and Areas, Row 1, Column 4: Dog Kennels,

Livestock, Poultry, Game & Fur as follows:

Livestock, Poultry, Game & Fur, Medical Marihuana

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September 4, 2014 - Item E.1

Page 4 of 4 Bylaw No. 2606

15. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 4: Building and Facilities Setbacks from Watercourses for Riparian

Protection in Farming Areas, Row 2, Column 4: Category 3:

Medical Marihuana Production Facility

Read a First Time

Read a Second Time, as amended

Advertised on this 20th day of November, 2013 this 19th February, 2014 this 26th day of February, 2014 this 28th day of February, 2014

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Second Time, as amended

Advertised on this 5th day of this this this day of day of day of

March, 2014

, 2014

, 2014

, 2014

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

this this this day of day of day of

, 2014

, 2014

, 2014

Approved by Minister of Transportation and

Infrastructure

(Transportation Act s. 52(3))

ADOPTED

this day of , 2014

Chair Corporate Officer

Page 63 of 102

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September 4, 2014 - Item E.2

REGIONAL DISTRICT

of

NORTH OKANAGAN

PLANNING DEPARTMENT

INFORMATION REPORT

REZONING APPLICATION

DATE:

FILE NO.:

APPLICANT:

LEGAL DESCRIPTION:

P.I.D.#

CIVIC ADDRESS:

August 11, 2014

14-0190-E-RZ

Lance and Angelia Harvey

Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752

025-464-124

112 North Fork Road

3.87 ha / 9.56 acres

On-site wells and septic

Non-Urban (N.U)

PROPERTY SIZE:

SERVICING:

PRESENT ZONING:

PROPOSED ZONING:

O.C.P. DESIGNATION:

Small Holding (S.H)

Small Holdings

PROPOSAL:

To allow for a one lot plus remainder subdivision

PLANNING DEPARTMENT RECOMMENDATION:

That Rezoning Bylaw No. 2656, 2014 which proposes to rezone the property legally described as Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752 and located at 112 North Fork Road,

Electoral Area “E” from the Non-Urban (N.U) zone to the Small Holding (S.H) zone be given

First and Second Readings; and further,

That Rezoning Bylaw No. 2656, 2014 not be forwarded to a Public Hearing until the applicant has provided proof of suitable private access driveway and building sites on each proposed lot as well as the remainder meeting the requirements of Section 310 of the Regional District

Zoning Bylaw No. 1888, 2003.

BACKGROUND:

This report relates to an application to rezone the property located at 112 North Fork Road from the Non-Urban (N.U) zone to the Small Holding (S.H) zone. If successful, the applicant is proposing to subdivide the 3.87 ha property into 2 lots of approximately 1.05 ha and 2.82 ha.

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September 4, 2014 - Item E.2

Rezoning Application

14-0190-E-RZ (Harvey)

Page 2

Site Context

The subject property is located on the south side of North Fork Road. Cherryville Elementary

School is adjacent to the northside of the subject property and Cherryville Park is located to the north across North Fork Road. The subject property is “L” shaped with 104 metres of road frontage along North Fork Road. The property is accessed from a driveway which connects to

North Fork Road on the western third of property’s road frontage. The driveway slopes upward to the main body of the property which contains a single family dwelling and shop and an area that is generally flat. While mostly treed, the property has cleared areas around the driveway, home site and existing well. A BC Hydro Right of Way is located in the south west corner of the property which is also cleared.

The subject property and properties to the north and south are zoned Non Urban. The property to the north is designated as Small Holdings in the Official Community Plan. The property to the south is located within the ALR and is designated as Agricultural in the Official Community Plan.

The properties to the west and east are zoned and designated as Small Holdings. Cherryville

Park located across North Fork Road is zoned and designated as Community Park and Public

Use.

The following orthophoto of the subject and surrounding properties was taken in 2007:

The Proposal

The applicant proposes to rezone the subject property from Non-Urban (N.U) to Small Holding

(S.H) to potentially allow the property to be subdivided into a 1.05 ha lot and a 2.82 ha remainder lot. The applicant proposes to service the new lot with a new well, septic disposal area and driveway while the remainder lot which would contain the existing dwelling will be serviced from the existing well, septic disposal area and driveway.

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September 4, 2014 - Item E.2

Rezoning Application

14-0190-E-RZ (Harvey)

Page 3

ZONING BYLAW:

The subject property is currently zoned Non-Urban (N.U). The uses permitted in the N.U zone include accessory buildings and structures, ancillary single family dwellings, bed and breakfast use, boarding house, community care facilities, home occupations, intensive agricultural use, manufactured homes, public parks and playgrounds, resource use, single family dwellings, and two family dwellings. The minimum parcel size in the N.U zone is 7.2 ha. The number of dwellings allowed per lot in the N.U. zone may not exceed:

1. one single family dwelling or one two family dwelling or one manufactured home; and

2. one additional single family dwelling on lots 14.4 ha or larger in size for lands located outside the ALR;

3. one ancillary single family dwelling on lands in and out of the ALR.

The proposal is to rezone the subject property to the Small Holding (S.H) zone. Uses permitted in the S.H zone include accessory buildings and structures, bed and breakfast use, boarding house use, community care facilities, home occupations use, restricted agricultural use, manufactured homes, public parks and playgrounds, single family dwellings, and two family dwellings. The minimum parcel size in S.H zone is 1.0 ha. The number of dwellings allowed per lot in the S.H zone (relevant to this application) may not exceed:

1. one single family dwelling or one two family dwelling (on lots greater than 2 ha in size) or one manufactured home.

Building Sites & Lot Frontage

The Zoning Bylaw requires that all lots created within the Non-Urban (N.U) and Small Holding

(S.H) zones contain a contiguous area of land 2,000 m

2

or larger in size to serve as a suitable building site. A building site must be less than 30% natural slope and must be accessible from a public highway via private access driveway having a minimum width of 5.5 m for a distance of

6 m and a 4 m minimum width thereafter and a maximum slope of 2% from the ditch line for a minimum distance of 10 m and a maximum slope of 15% thereafter. Lots proposed to be subdivided in both the Non-Urban (N.U) and Small Holding (S.H) zones are required to have frontage not less than one-tenth of the perimeter of the lot.

OFFICIAL COMMUNITY PLAN:

The Electoral Areas “D” and “E” Official Community Plan designates the land use of the subject property as Country Residential which falls under the OCP ‘Rural Residential Policies’. Rural

Residential lands are intended to provide an alternate to urban living with lots 1.0 hectare or larger. These lots emphasize an attachment to the lands and utilization for rural and agricultural uses, but with lesser services and greater distances to community facilities and shopping. Lands that may be suitable for rezoning to accommodate rural residential land use (subject to policies of this section) are shown on Schedules B, B1 and B2 as Country Residential (C.R.) and Small

Holdings (S.H.). The following policies are applicable to this application:

1. The OCP states that Rural Residential lands should conform to the following requirements:

• outside the Agricultural Land Reserve;

• not in an area with excessive slopes;

• not in an area that has high capacity for other uses such as gravel extraction, mining, or forest development;

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September 4, 2014 - Item E.2

Rezoning Application

14-0190-E-RZ (Harvey)

Page 4

• not subject to flooding or in an area with a high water table; and

• not subject to excessive expenditures for services such as roads, electric power and school bussing;

• contains suitable building sites;

• contains sewage disposal areas;

• contains adequate water supplies as specified in the Subdivision Servicing Bylaw;

• does not detrimentally affect neighbouring properties and the community as a whole.

2. Upon receipt of a rezoning application for Rural Residential developments, the Regional

Board will give consideration to the fire protection issues in the local area.

3. Subdivision for Rural Residential housing shall be in a manner that will conform to the physical site characteristics and not produce a continuous expanse of housing.

4. Due to the importance of an adequate water supply in Rural Residential areas, and the uncertainty about water supply in some areas, assurances about the water supply as specified in the Subdivision Servicing Bylaw shall be provided prior to the zoning of land for

Rural Residential use.

5. Future Small Holdings developments are restricted to areas identified on Schedules B, B1 and B2. Applications to amend the Zoning Bylaw for the Small Holdings Zone should conform to the following requirements:

• be located in close proximity to local areas with similar residential densities and services;

• the form and character of development should not detract from the rural character of the built and natural environment.

PLANNING ANALYSIS:

The Planning Department recommends that the proposal be given favourable consideration as it represents a rural residential land use that is consistent with the Electoral Areas “D” and “E”

OCP land use designation of the subject property and complies with the previously noted Rural

Residential Land Policies in that the proposed lots:

• are outside the ALR;

• are not in an area identified as having a high capability for other uses such as gravel extraction, mining, or forest development;

• are not in an area subject to flooding or in an area with a high water table;

• would not be subject to excessive expenditures for services such as roads, electric power and school bussing;

• would likely have the potential to be serviced with sewage disposal areas based on a minimum lot size of 1.0 ha;

• would likely have the potential to be produce adequate water supplies and is not in area identified as lacking in groundwater supplies; also Subdivision Servicing Bylaw No. 2600 does not require proof of water in Electoral Area “E”;

• would not detrimentally affect neighbouring properties and the community as a whole as the property is bounded on both sides with Small Holding zoned properties; and,

• would conform to the physical site characteristics of the land and be consistent with the rural character of the neighboring Small Holding zoned lots on North Fork Road.

Page 67 of 102

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September 4, 2014 - Item E.2

Rezoning Application

14-0190-E-RZ (Harvey)

Page 5

Further information is required from the applicant to fulfill the OCP requirement to indicate the property is not located within an area with excessive slopes and can provide suitable building sites. In this regard, staff recommend that Rezoning Bylaw No. 2656, 2014 not be forwarded to a Public Hearing until the applicant has demonstrated that private driveways could provide access to the existing and proposed new buildings sites on each proposed lot.

The proposal has been reviewed against the OCP policy that requires rezoning applications to be considered in relation to the fire protection issues in the local area. In this regard, the OCP

Fire Protection Policy suggests that residents acknowledge and accept that fire protection services are not provided in this area and that residents are encouraged to apply Fire Smart principles for new and existing development.

SUMMARY:

This report relates to an application to rezone the property located at 112 North Fork Road. The

Planning Department recommends that Rezoning Bylaw No. 2656, 2014 be given First and

Second Readings as the proposal is generally consistent with the policies contained within the

Electoral Areas “D” and “E” Official Community Plan.

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Electoral Area “E” Director

2. Electoral Area “E” Advisory Planning Commission

3. Electoral Area Advisory Committee

4. Building Inspection Department

The Building Inspector provided the following comments:

2007 imagery shows a small building centrally located on the property, which is not shown on the site plan and is distanced from the principal dwelling and the accessory buildings adjacent to the principal dwelling. Applicant should confirm size and permitted use of that building.

5. Interior Health Authority

IHA indicated they have no objection to the proposed rezoning at this time however it should be noted that at subdivision stage the applicant will be required to demonstrate that suitable sites exist on the subject property for the required onsite sewage disposal systems and also provide information regarding water supplies for the proposed lots.

6. Ministry of Transportation and Infrastructure

The Ministry indicated a quick review of the future subdivision was carried out and there doesn’t appear to be any critical issues. However, approval of this rezoning does not constitute approval of the subdivision. A full review will be carried out at the time of subdivision application. Please forward the bylaw for endorsement after third reading.

Page 68 of 102

Rezoning Application

14-0190-E-RZ (Harvey)

Submitted by:

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.2

Rev i ewed by:

Deputy Planning Manager

Page 6

Rob Sma il es, MC I P , RPP

General Manager , Planning and Building

Page 69 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.2

ELECTORAL AREA "E"

REZONING APPLICATION

SUBJECT PROPERTY MAP

File: 14-0190-E-RZ

Applicant: LANCE & ANGELINA HARVEY

Location: 112 NORTH FORK ROAD

Page 70 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.2

· 47

Page 71 of 102

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September 4, 2014 - Item E.2

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2656

A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North

Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation

WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,

1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the

Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional

District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones;

AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;

AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local

Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw;

AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development

Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments

thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a

Rural Land Use Bylaw, or to issue a Permit:

AND WHEREAS the Board has received an application to rezone property;

NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

A. CITATION

This Bylaw may be cited as the “Rezoning Bylaw No. 2656, 2014”.

B. AMENDMENTS

1. That the property legally described as: Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752 and located at 112 North Fork Road, Electoral Area “E” be rezoned from the Non-Urban

Zone [N.U] to the Small Holding Zone [S.H].

2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended accordingly.

Read a First and Second Time

Advertised on this this day of day of

, 2014

, 2014

This day of , 2014

Page 72 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.2

Bylaw No. 2656

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

Approved by Minister of Transportation and

Infrastructure

(Transportation Act s. 52(3))

ADOPTED

this this this this

Chair day of day of day of day of

Corporate Officer

Page 2 of 2

, 2014

, 2014

, 2014

, 2014

Page 73 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.3

REGIONAL DISTRICT of

NORTH OKANAGAN

MEMORANDUM

File No.: 14-0295-D-WVR

Electoral Area Advisory Committee TO:

DATE: August 22, 2014

SUBJECT:

Waiver of Lot Frontage Request for the property legally described as The South ½ of the South West ¼ of Sec 5, Twp 40, ODYD,

Except Plan 28492 and located at 171 Brookfield Road, Electoral

Area “D

At the Regular Meeting of the Board of Directors on August 15, 2012, the Board adopted Policy No.

LU053 – Applications for Waivers of Lot Frontage which states that upon receipt of an application by a land owner, where the property is zoned Country Residential, Non-Urban or Large Holding and the proposed parcels (including remainder) provide at least 20 metres of lot frontage, the building site requirements of the Zoning Bylaw have been met and no variances are being requested, the application will be forwarded directly to the Electoral Area Advisory Committee for consideration without the need for a staff report.

In keeping with this Policy, the subject Lot Frontage Waiver Application is forwarded for consideration to the Electoral Area Advisory Committee. Attached is a Subdivision Information Report which outlines the conditions of the proposed subdivision as it relates to Regional District bylaws. To date, the applicant has not submitted documentation to demonstrate whether or not the proposed subdivision complies with all RDNO bylaws.

The proposed subdivision would create a 3.01 ha lot and a 3.62 ha lot along Brookfield Road and a

7.2 ha remainder. The proposed Remainder Lot would contain an existing single family dwelling, barn and two small sheds. Proposed Lot 1 would be vacant while proposed Lot 2 would contain three existing barns. The applicant has submitted the attached plan which demonstrates that the existing driveways as well a new driveway and building sites could be provided to comply with the private driveway access and building site requirements of Section 310 of the Zoning Bylaw.

The subject Lot Frontage Waiver Application requests that the Board of Directors waive the ten percent minimum lot frontage requirement of Section 802.7 of the Regional District of North Okanagan

Zoning Bylaw No. 1888, 2003 for the property legally described as The South ½ of the South West ¼ of Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road, Electoral Area “D by reducing the lot frontage of the proposed Remainder Lot from 119.28 metres to 57.91 metres shown on the site plan attached to the Planning Department memorandum dated August 22, 2014.

Prepared by: Reviewed by:

Jennifer deGroot, B.Sc.

Planning Assistant

Rob Smailes, MCIP, RPP

General Manager, Planning and Building

Page 74 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.3

ELECTORAL AREA "D"

LOT FRONTAGE WAIVER REQUEST APPLICATION

File:

SUBJECT PROPERTY MAP

14-0295-D-WVR

Applicant: Colleen Hazeldine

Location: 171 Brookfield Road

B

KAPSS279

I

KAP58C78

W1 / 2 0F N E1/ 4

E1/ 2 OF NE1 / 4 li _ _ _ _ _ _

_ ii

N

~

II

20 F

S W 1 / 4 ii

!i

255

~--~ ~~ -~ L ------·~~ --~ -----------------------~~ --i---------tWNSHIP40

IW NSHIP 41

SEC 32

PLA N 294C

H

BROOKF I ELD ROA L l\E11· 1

PlAN

Page 75 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.3

Page 76 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.4

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3046.01.04

TO:

FROM:

Electoral Advisory Committee

Anna Page, Sustainability Coordinator

DATE: August 12, 2014

SUBJECT

:

Community Works Fund #094, Electoral Area "F" OCP Review

RECOMMENDATION:

That it be recommended to the Board of Directors that the review of Electoral Area “F” Official

Community Plan be funded from the Community Works Fund at a cost of up to $77,600.00.

DISCUSSION:

The current Electoral Area “F” OCP was adopted in 2004. Since the adoption of the OCP there have been a number of amendments to the plan, adoption of the Kingfisher Local Area Plan, changes to provincial legislation and the adoption of the RDNO Regional Growth Strategy (RGS) Bylaw which all need to be reflected in the updated OCP.

Terms of References for the review of the OCP have been developed by staff in consultation with the

Electoral Area “F” Director and were endorsed by the Electoral Area Advisory Committee August 7,

2014.

The project will be largely completed internally by RDNO staff with the possibility of contracting out aspects of the Graphic Design & Public Consultation (phone surveys) components. The decision to undertake this OCP review internally is based on the need to ensure the final product addresses all the issues identified by planning staff as well as the community and to avoid duplication of effort which was the experience in the case of some planning projects contracted out in the past. It is felt that an internal review will be a more efficient use of funds and staff time.

Funding

The project has been assessed utilising the Regional District of North Okanagan Community Works

Fund Project Assessment – Tier 2 which is attached to this report for review and information. The project meets the criteria of the Community Works Fund under the category of Capacity Building as long as principles of Integrated Community Sustainability Planning are integrated into the review and this is clearly stated within the Terms of Reference.

The budget for the review of the OCP is detailed below in Table 1 and includes staff time and disbursements and is estimated at $77,600.00.

Page 77 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.4

Community Works Fund #094 , Electoral Area "F" OCP Review

Report to EAACAugust 12 , 2014

Page2

Staff Time

Disbursements

Venues

Printing Costs

Mail outs/ Phone Surveys

Materials

Graphic Design

Advertising

Steering Committee Meals

Mileage

Total Disbursements

$ 62,500.00

$1000.00

$300.00

$6,000 .

00

$400.00

$2,000.00

$3,000.00

$900 .00

$1,500.00

$15,100.00

Total Internal Costs

$77,600.00

Table 1 : Electoral Area "F" OCP Review Budget

For comparison, the cost est imat es the RDNO received for the rev i ew of the Electoral Areas " 0 " and

" E " OCP (2009) are deta il ed below .

Proposals

HB Lenarch

Focus

Landeca and Bou l evard

Site 360

Stantec

True

Costs

$82,255.00 inc tax

$70 , 909.00 inc tax

$134,867.00 inc tax

$38 , 550.00 exc tax

$99 , 712 .

00 exc tax

$69 , 630 .

00 exc tax

Table 2: Electoral Areas "D" and "E" OCP Review cost estimates

SUMMARY:

It is recommended that the review of the E l ectora l Area " F " Official Community Plan be funded from the Community Works Fund.

Submitted by :

,

764vz'-

------

Anna Page , Sustainability Coordinator

Endorsed by :

Rob Smai l es , MCIP

Genera l M a nager , P l ann in g a nd Bui ldin g

Page 78 of 102

Approved For Inclusion :

;(. '-fY/JL!ldf

Dav i d Sewell

Chief Administrative Officer

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.4

Community Works Fund Project Assessment – Tier 2

Over $8,000

Date: August 12, 2014

Project #: 094

Recipient: RDNO

Project Cost: $77,600.00

Project Description:

Review and up-date of the Electoral Area “F” Official Community Plan.

Optional External Contracts: Graphic Design & Public Consultation (phone surveys)

Project Eligibility

Eligible funding recipient?

Eligible costs?

If project is related to a building, is the building primarily used for public good?

Benefits of the Project –

Yes Explanation

RDNO

Expenditures related to strengthening the ability of Local Governments to improve local and regional planning.

Yes Explanation

Benefit to local community

Benefit to Electoral Area

Benefit to more than one

Electoral Area

Benefit to all Electoral Areas

Will benefit Electoral Area F

Benefit to entire Regional

District

Does the Project meet funding agreement categories?

Project Category Yes

Public Transit – infrastructure that supports a shared passenger transport system available for public use

Community Energy Systems – infrastructure that generates or increases the efficient use of energy

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.4

Drinking Water – infrastructure that supports drinking water conservation, collection, treatment and management systems

Wastewater – infrastructure that supports wastewater and storm water collection, treatment and management systems.

Solid Waste – infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage.

Capacity Building – investments related to strengthening the ability of local governments to develop long-term planning practices

Local roads, bridges (roads, bridges and active transportation infrastructure

Sport Infrastructure – amateur sport infrastructure

Recreational Infrastructure – recreational facilities and networks.

Cultural Infrastructure – infrastructure that supports arts, humanities and heritage

Tourism Infrastructure – infrastructure that attract travelers for recreation, leisure, business or other purposes.

Disaster Mitigation – infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters.

Does the Project work towards achieving one of the three key national objectives?

Fund Priorities

Productivity and Economic

Growth

Clean Environment

Strong Cities and Communities

Yes Explanation

Economic polices within the OCP will be reviewed and up-dated to provide opportunities for economic growth and diversification within Electoral Area F.

The Local Government (Green Communities)

Statutes Amendment Act 2008, requires that all OCPs include targets for the reduction of

GHG emissions and policies and actions to achieve them.

An Official Community Plan is the guiding document for a community which establishes the direction for the future growth and development of the area. The OCP establishes policies and objectives that guide decision makers in ensuring a strong & healthy community.

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.4

Does the Project incorporate principles of Sustainability?

Principles of Sustainability

Social

Environmental (e.g. energy efficiency, water savings etc)

Economic

Yes

Explanation

Official Community Plans, by their very nature, provide a policy framework for the social, environmental and economic health of a community as affected by land use planning. The Draft Terms of Reference for the OCP review clearly state the need for consideration of the three pillars of sustainability, for example;

“The review of the OCP will follow the theme of building healthy, sustainable communities, protecting and strengthening the social, economic and environmental assets that support the residents within Electoral Area F”.

Other benefits of the Project

Project Benefits

Education value

Public Awareness (media opportunities)

Yes Explanation

The OCP review process will involve extensive public consultation and opportunities for input.

Leverage of additional resources (funds, volunteer time, in-kind contributions)

Integration with other Regional District of North Okanagan initiatives

A review of the Electoral Area “F” OCP will ensure consistency with policy changes in other OCPs where applicable and will include consideration of the North Okanagan

Regional Growth Strategy (RGS) and the policies embedded within it.

Justification for prioritisation of project

The current Electoral Area “F” OCP was adopted in 2004. Since the adoption of the

OCP there have been a number of amendments to the plan, adoption of the Kingfisher

Local Area Plan, changes to provincial legislation and the adoption of the RDNO

Regional Growth Strategy (RGS) Bylaw which all need to be reflected in the updated

OCP.

Distribution of Funds

Electoral Area F

Staff Recommendation

Page 81 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

THE CORPORATION OF

THE

CITY OF VERNON

Our Files: 0482-01/3370-01

3400- 30TH STREET VERNON, BRITISH COLUMB I A VlT 5E6

TELEPHONE ( 250) 545-1361 FAX (250) 545-4048

OFFICE OF THE MAYOR

August 18 , 2014

Regional District of North Okanagan

9848 Aberdeen Road

Goldstream, BC V1 B 2 K 9

Dear Board Members:

Re: Proposed Block Bou

n

dary

E

xt

e

nsi

on

Increasingly, the City of Vernon is receiving applications for boundary extension from property owners with failing septic systems that are immediately adjacent to the City's sewer infrastructure . The current process to deal with these applications i s lengthy, consumes significant staff resources, can be frustrating to the property owner and tends to undermine the relationship between our respective jurisdictions .

The City of Vernon is proposing a new approach to the inclusion within the City boundaries of t hose properties that are immediately adjacent to both the City ' s road and sanitary sewer infrastructure.

Council , at its Regular Open Meeting he l d on August 11, 2014, passed the following r esolution:

"THAT Council forward the report dated July 21

,

2014 and titled Proposed Block

Boundary Extension to the Boa

r

d of the Regional District of North Okanagan for

its

review and consideration of exploring the proposed block boundary extension of all properties directly adjacent to both the City

'

s road and sanitary infrastructure

;

AND FURTHER

,

that the draft Official Community Plan be amended to include the

Boundary Extension Section

as

contained in Attachment 4 of the report dated July

21

,

2014 and titled Proposed Block Boundary Extension from the Director of

Community Development.

CARRIED."

... /2

Page 82 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

August 18 , 2014

Regional Dist r ict of North Okanagan

Re: Proposed Block Boundary

Ex t ension

Page 2

I have attached the report cited in the above resolution for the Board's consideration .

On behalf of Council , I would respectfully ask that you give some thought to the proposal. The i ntent of the proposal is to provide the affected property owners a one time opportunity for inclusion within City boundaries and access to City sewer services.

This would bring one-off boundary applications to an end , be far more efficient for our staff and the Ministry to deal with and will stop the current practice which simply continues to be a burden to our normally pos i tive working relationships .

Mayor

Enclosure cc: Mayor & Council

K. Flick, Director of Community Development

Page 83 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

~

THE CORPORATION OF THE CITY OF VERNON w

REPORT/RECOMMENDATION

TO

COUNCIL

SUBMITTED BY:

Kim Flick, Director of Community Development

DATE:

July 21, 2014

FILE:

3370-01

SUBJECT:

PROPOSED BLOCK BOUNDARY EXTENSION

PURPOSE:

To propose a block boundary extension of all properties adjacent to both the City's road and sanitary infrastructure.

RECOMMENDATION:

THAT Council forward the report dated July 21, 2014 and titled Proposed Block Boundary

Extension to the Board of the Regional District of North Okanagan for its review and consideration of exploring the proposed block boundary extension of all properties directly adjacent to both the City's road and sanitary infrastructure;

· AND FURTHER, that the draft Official Community Plan be amended to include the Boundary

Extension Section as contained in Attachment 4 of the report dated July 21, 2014 and titled

Proposed Block Boundary Extension from the Director of Community Development.

ALTERNATIVES & IMPLICATIONS:

1. THAT Council receive the report dated July 21, 2014 and titled Proposed Block Boundary

Extension from the Director of Community Development.

Note: This alternative is available should Council elect to retain the current approach to boundary extensions. The prevailing Jot by lot response to boundary extension applications would continue to be utilized and the associated issues with that process would be expected to continue.

ANALYSIS:

A. Committee/Board Recommendations:

N/A

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September 4, 2014 - Item E.5

-2-

B. Rationale:

1. Summary of the Problem and Proposed Solution

The purpose of this report is to propose a new approach to the inclusion within the

City boundaries of those properties that are immediately adjacent to both the City's road and sanitary sewer infrastructure.

Increasingly, the City is receiving applications from property owners with failing septic systems that are immediately adjacent to the City's sewer infrastructure . The City's current policy regarding boundary extensions is to accept applications from property owners where the property meets certain criteria. This process has proven lengthy and contentious, consumes significant staff time and resources and creates animosity between the City and RDNO .

It is proposed that all those properties that are immediately adjacent to a City road and sewer line be offered a one time opportunity to participate in a block boundary extension process. Such a process would replace the property by property approach, greatly reducing the staff resources involved in annexations and providing certainty to RDNO as to the City's long term intentions.

2. What would a block boundary extension process look like?

Preliminary mapping indicates that there are 77 RDNO properties that are adjacent to both the City's road and sanitary sewer infrastructure (Attachments 1 - 3). The block annexation is proposed only to include these properties. There are several properties that are adjacent to a sanitary main or have a sewer connection but are not adjacent to a City road. In these cases, the City would have to take on increased costs related to road maintenance and life cycle replacement. It is recommended that properties in this category not be included in the block boundary extension due to that significant increase in costs.

The process would involve input from all of the impacted property owners and adjacent residents, including RDNO residents. It is recommended that Council support boundary extension only for those property owners that would like to be included. Including property owners in the boundary extension that do not wish to be included may make the process more contentious.

Should properties ultimately become part of the City, the -affected property owners should be made aware of any changes in their costs, including taxation and utilities.

It is proposed that properties not be required to connect to the sanitary system upon annexation, but rather that they connect as they choose. Should they opt not to connect, payment of the sewer availability fee would be required.

Most of the properties involved are along Silver Star Road and are part of the Rural

Protection Area in the Regional Growth Strategy (RGS). Because of this, any properties that are ultimately included in the proposed boundary extension that are in the Rural Protection Area would be redesignated to Rural/Agricultural and given a

P19

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

- 3comparable zoning district. This would provide assurance to RDNO that the City is not looking to expand its development footprint or put pressure on adjacent rural or agricultural lands in the electoral areas .

1

For those properties that may have residential designation or be in a designated growth area in the RGS, a comparable

City designation and zoning would likely be pursued. However, each property would have to be examined in light of the City's growth strategy as the City's OCP discou r ages new subdivisions at the periphery of the city until existing subdivisions are more built out. This approach is largely intended to address the cost of providing, maintaining and replacing infrastructure. By targeting growth in areas with existing infrastructure or close to it, growth can be managed in an affordable and sustainable way.

3. What would be the City's new approach to boundary extensions?

Key to the block approach is that it replace the existing property by property approach. Eligible property owners would therefore be advised that the block boundary extension would be the only opportunity to pursue inclusion in the City boundaries. To ensure that properties do not pursue individual boundary extensions prior to or after the block process, the boundary extension policies in the draft OCP would need to be amended. These possible amendments are illustrated in

Attachment 4.

Further, it is recommended that Council stop accepting boundary extension applications to facilitate a sewer connection to a property outside the City without the support of RDNO. The draft OCP (Attachment 4) and boundary extension procedures would need to be amended to clearly state this . It is proposed that the OCP also be amended to specify that with RDNO support, the City would consider a block boundary extension process in the future . This has the advantage of eliminating the single property or small block boundary extensions and the considerable resources required to process them. These proposed amendments would be reflected in a revised draft OCP that would be brought forward for Council's consideration to the

Regular Open Meeting of September 8 , 2014.

This approach also ' addresses many of the issues identified by RDNO in its letters of

March 7, 2014, provided in response to the City's referral of its draft OCP (Attachment

5). Though the boundary extension policies tabled in the draft OCP were far more restrictive than the previous OCP, it appears that intent was not clear.

Page 2 of the letter from Laura Frank, Sustainability Coordinator, contains a table itemizing RDNO's concerns in light of the draft Electoral Area B and C OCP. The draft Electoral Area B and C OCP (Attachment 5) specifically opposes boundary extension applications that are initiated for septic sewer expansion to remedy environmental or health issues, but supports extra-territorial service extension. The draft Electoral Area B and C OCP also identifies a comprehensive list of criteria that must be met prior to RDNO supporting any boundary extension application .

1

The RGS permits extension of sewer to these properties to serve the existing level of development only, not to increase the development potential of the property.

P20

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September 4, 2014 - Item E.5

-4-

The proposed block approach and associated amendments to the draft OCP annexation policies would address the following concerns:

• Eliminates reference to an "Ultimate City Boundary".

• Does not support property by property boundary extensions.

• Involves comprehensive consultation with Area B and C residents adjacent to/in the vicinity of the block areas.

• The application is for a large area (greater than 50 properties).

• Involves a detailed financial analysis of the impacts on City service provision.

• The block approach is to be supported by RDNO in advance of undertaking it.

• Eliminates policy to work with the province on streamlining the boundary extension process.

This same letter also indicates that it does not support the possible boundary extension of the Swan Lake corridor. The draft OCP already specifies that the City would work with RDNO and Electoral Areas B and C on the possibility of including this designated future growth area into the City of Vernon to accommodate the extension of servicing required for significant commercial development (these properties are not proposed to be included in the present block proposal). The draft

OCP policy is intended to realize a cooperative approach, while respecting the City's position that it will not extend its services outside the City boundaries.

Requesting RDNO approval on the proposed block approach would likely expedite the entire process as well as demonstrate that the City is committed to a cooperative relationship. The growth strategy of the OCP and the RGS respects the rural character of the Electoral Areas and there is no intent to expand the City's boundaries beyond these properties. for which the sole intent is to permit connection to the sanitary sewer to service the existing level of development. As such, it is recommended that this . report be forward to the RDNO Board with the request to consider and endorse this approach.

4. Will there be any other boundary extensions?

The City has sufficient land base to accommodate growth for decades to come. The only known exception to this is the Swan Lake corridor, which is discussed above.

The tabled OCP contains explicit references to the possibility of extending its boundary to include lands that are in the Rural Protection Area but may ultimately serve the City's growth strategy. In these cases, the policy indicates that the City will require RDNO approval on the redesignation of those lands from Rural Protection

Area to Growth Area or Future Growth area prior to pursuing boundary extensions.

This is to ensure that the process happens with the certainty of ultimate development potential. Should RDNO not support the redesignation. the lands would not be supported for inclusion in the City's boundaries.

C. Attachments:

Attachment 1 - Map of Silver Star/Herbert Road Properties Adjacent to City Roads and

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

- 5-

Sanitary Sewer

Attachment 2 - Map of BX/East Vernon Properties Adjacent to City Roads and Sanitary

Sewer

Attachment

3 -

Map of Blue Jay/Longspoon Properties Adjacent to City Roads and

Sanitary Sewer

Attachment 4 Draft Amended OCP Boundary Extension Section

Attachment 5- March 7, 2014 RDNO Letter regarding the City's OCP Referral

D . Strategic Plan Objectives:

This proposal involves the following key objectives in Council's Strategic Plan:

)Maintain a competitive local tax environment (while delivering programs and

);>

services valued by the community) .

Re-establish and rebuild positive, mutually beneficial local government relationships.

E . Policy (Existing/Relevance/None):

1. The Services Beyond City Boundaries policy spec i fies that services will not be extended beyond City boundaries . This policy has been under review given the recent boundary extension appl i cations that have involved failing septic systems, and appears on this agenda for Council's consideration.

2. The Council policy Annexation Applications specifies that applications will be accepted and reviewed on an annual basis, subject to certain criteria.

3.

Existing OCP policy supports the extension of the municipal boundary as per an

"Ultimate City Boundary .

" The draft OCP proposes significant changes to these policies.

F . Relevant History:

Since 2006, the City has received 24 applications for boundary extension , driven largely by the need to connect to the C i ty's sanitary sewer system. Historically, connection to the City's sewer system was intended to support increased density and new development. Before 2008, the City's OCP supported development at the periphery of the community. Given the limited ability to develop new subdivisions outside of growth areas, boundary extensions for this purpose are generally not supportable.

G . Applicant's Response:

N/A

H . . Reasons for Bylaw:

N/A

P22

Page 88 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

- 6-

I.

Resources:

There are considerable implications for staff resources should the block boundary extension be pursued. This cannot be added to the 2014 work program without rescheduling other priorities. However, if the block boundary extension is endorsed by

Council and the RDNO, and the proposed process is comp l eted, time consuming individual applications will essent i ally stop.

BUDGET IMPLICATIONS:

There are a number of budget implications that would need to be explo r ed, including:

• Is an application fee charged to those that may ultimately be included i n the City?

Typically for local government initiated processes, an applicat i on fee would not be charged.

• As the .

intent is to minimize any inc r ease in costs to the C i ty , a detailed financial assessment for each property would need to be undertaken.

• It is noted that the sewer availability fee would apply for those properties that may ultimately be included in the City b u t opt not to connect to the sanitary line i mmediately .

Prepared by: foe.

~

Kim Flick , D i rector of

Community Development

Page 89 of 102

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

-7-

APPROVALS DATE COUNCIL AGENDA INFORMATION:

Supervisor

~ oz;.~l

'-'o

Regular

In-Camera/COW

Information Item

Date:

Date: August

Date:

0

Agenda Addenda Date:

11, 2014

Item#

Item#

Item#

Item#

REVIEWED WITH

REVIEWED WITH REVIEWED WITH REVIEWED WITH

Committees

0

Bylaw Services

D

Clerk

D

Economic Dev.

D

Environment

D

Facilities

D

Finance

D

Public Works

~

Planning

~

Engineering

D

D

D

D

RCMP

0

Fire

D

Building

&

Licensing

D

GVS- Parks

D

Operations

0

GVS- Water

0

D

Human Relations

0

Utilities

0

..

NOTE:

City Administrator's comments Will be provided

Other

1f required as an addendum to the report

G:\3000·3699 LAND ADMINISTRATION\3370 CITY BOUNDARY EXTENSIONS\01 Ge n eral\140721 RPT KSF Boundary Extension.docxx

Page 90 of 102

P24

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

I

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(Ad jacent to City Sanitary Sewer and Road)

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Page 91 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

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P26

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

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Page 93 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

Attachment 4

24.0

Anne>E:ationBoundary

E

xtensions

Provide a process for consideration of a nn e )( at ion b ou ndary ext e ns i o n applications.

Undertake a study to determine the feasibility and desirability of a m a l gamat i on o f ex te n d i ng th e C i ty' s b o u nd a t y t o i n cl ud e lands in the Swan Lake Corridor.

I I

Work with the Regional District of North Okanagan on the identification and redesignation of Rural

Protection Lands, as outlined in the Regional Growth Strategy, that serve the City's growth strategy.

Foster pro s oer i ty for oeop l e . bus i ness and government

Protect and preserve green spaces and sensitive areas

Ensure housing meets the needs of the whole community

Create a culture of sustainability

Protect agricultural land

Create strong, compact and complete neighbourhoods fnsure development pa•;s fer itse l f

For many years, the City has accepted and supported annexat i on bo u n da r y ex te n s i on applications for lands contiguous to and within an ultimate City of Vernon boundary, identified to provide general guidance in the consideration of a n n e J ( at i on b o undary e x t ens ion applications. This property by property approach is time consuming for all parties and tends to reflect individual property interests as opposed to the goals , an d interests outlined in the City and Regional District of North Okanagan's (RDNO) long term planning, development and infrastructure phasing.

Further, there are concerns related to the trend towards ann e; cat i on boundary ex t e ns i on to facilitate residential densification. Allocations of increased density far from the City Centre and designated neighbourhood centres are contrary to the growth strategy embodied in this plan. Attention must also be paid to the rural-urban interface to ensure that the residential subdivision pattern does not encroach into or serve to fragment ALR lands, particularly on the City's eastern boundary.

Page 94 of 102

A:;ne ; :e ~ f cn

Bound a ry Ext , nsi ons f page 134

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ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

With the adoption ofthe Regional Growth Strategy (RGS) on September 21, 2011, specific areas for growth and future growth, as well as rural areas intended to be protected from the pressures of urban development were identified. As a result of the RGS, the City's an n e )c ation po licy nee d sb ou nda ry extens i on po li ci es n eed to evolve to reflect these new regional designations.

As such, pursuant to RGS policy UC-2.4, the City will support a b l o c k bo u ndarv ext e nsion p rocess al o n g its bou n d ary p r ope r ty by p r operty a nnexa tio n ap p lica t i on s alo n g it s e a stern b ounda ryin the rural protection area to address issues of failing on-site septic systems where the properties are immediately adjacent to

City infrastructure. I n d ivid u al or s ma ll b l ock bou n da r y exte nsion appli ca ti on s w i ll not be accepte d . In order to meet the intent of the RGS policy, properties annexed for this purpose will be included in Development

District 3, the Hillside Residential and Agricultural District, and be rezoned to an agricultural zoning district.

This further supports RGS policy UC-1.2.8, whereby municipalities are to recognize the rural protection boundary in their Official Community Plans. The e n d o rse m e n t of R D NO is requ i red p r io r t o t he i nit i ation o f a b l ock bo u nda ry ex t en s i o n p roc ess.

Where an annex-atfe.B.

a b o und a r y exte n s i on application falls within the designated rural protection area, but serves the City's growth strategy and is in keeping with the RGS goal of compact, complete communities, it is necessary to receive RDNO approval as part of pri or to the a nne:: ation bounda rv e xt e n sio n process on the redesignation of the lands as growth or future growth area, as appropriate.

In addition, the relative costs and benefits of the extension of the municipal boundaries in the Swan Lake

Corridor should be examined. This corridor is identified as a future growth area in the RGS and the extension of servicing is key to realizing significant development potential. As the development of this area is beneficial to the entire sub regional area given the potential to provide significant new highway oriented commercial development, it is desirable to work with RDNO and Electoral Areas Band C to ascertain the feasibility and desirability of ann e )( i ng exte n d i ng the Ci tv ' s beundary to i n cl u d e this corridor.

[

The RGS also speal<s to the need for the Government of British Columbia to review and update municipal expansion policies, ensuring that the process is equitable, transparent and inclusive. The City strongly supports this initiative.

I I

J q .

1 Th e

City may undert a ke a s tudy · on t h e u l t i mate mun i c ip al bo undar i e s for Vernon , to i1 ~ eetTstdH-a · ti&A-e f the fo

I I o w i n g.:. a . Des i g n at i on of g r owth ar e as and r ural protection area s ide ntifi ed i n t~~ e

Reg i onal · Growt h

S t rat e gv .

Page 95 of 102

AltP.~-# Or!

· B o un d a rv

E xte n s i o n s

I page 135

P29

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item E.5

b . Costs of s e rv i cing ne·u lands (and outsta n ding s ervice prev!

s ion to an v previously anno<ed ran ds , if app licab le ), phas i ng and fiscal impact assessment. e .

E 'o'a l ua tion of potential new la n d uses , w ith due consideration to the City ' s !J

nd usc pla n ar~d gro wth strate gv , as well as the Regional Growth S trategy . c.

Consid eration o f the rura l urban interface a : 1d policies to protect agricultura l lands . d . Identification of e l : pansion phases , if appropr i ate , in oroer t-e-i-n€ lu d e large areas ' Nith in a single application . e . Consul tation with residents and property

ovmcrs ,

affected j urisdict!ons and agencies.

24.2 'Nor!c in partnership '<'lit h the Government of Brit i sh Columbia to create a mom stream l ined ann::J<ation application proce s s .

24.

1~

Review anncl\ation b ou n d a ry exte n sion applications annually, in conjunction with Official

Community Plan amendment applications.

24.

_24 Recognize the rural protection boundary as embodied in the Regional Growth Strategy.

24 .

}5 Support anne >Eat i onsW i th th e suppo rt of RDNO . supoort a block boundary extensio n orocess where connection to the City sewer system can replace failing septic systems and where the property is immediately adjacent to City infrastructure and contiguous to the City boundary. Pursuant to the

RGS (Goal UC-2.4), such lands annelted for this purpose are not to receive additional development potential, and will be included in Development District 3, the Hillside Residential and Agricultura l

District and rezoned to an agricultural zoning district. Do not acceot indiv i dual or sma ll b lock bound arv extension app li cations ,

24.

Work with RDNO and Electoral Areas Band Con the possibility of a boundary extension to inclu de the annexing the designated future growth area Swan Lake Corridor , a designated fut ure g row t h a r ea, into the City of Vernon to accommodate the extension of servicing required to realize significant commercial development .

24 .

.2;+

Where an anneJCation a boundary adjustment application falls within the designated rural protection area, and serves the City's growth strategy, require the Regional District of North

Okanagan's approval on the redesignation of the lands as growth orfuture growth area in the RGS, as appropriate, prior to a n nexati on extension of t he Citv boundar y 7

24 .

6 Do not support the extension of C i ty serv i ces outside th e municip al boundaries .

Page 96 of 102

A n ne .

¥EI~ ioR

B ou ndary E x t e n s io n s

/ page 136

P30

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item G.1a

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA “B” ADVISORY PLANNING

COMMISSION of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, July 30, 2014

Members: Art Haycock Chair

Staff:

Other:

Lynda Fraser

Bob Fleming

Clerk, Planning (taking minutes)

Director, Electoral Area “B”

CALL MEETING TO ORDER

Chair Haycock called the meeting to order at 7:00 p.m.

ADOPTION OF MINUTES

Advisory Planning Commission Electoral Area “B” – Regular Meeting of March 26, 2014

It was moved and seconded by Ed Columbus and Richard Butters

That the minutes of the March 26, 2014 regular meeting of the Advisory Planning Commission

Electoral Area “B” be adopted as circulated.

CARRIED

NEW BUSINESS

Subdivision Application [For Information Only]

S. Price c/o Monashee Surveying

(14-0051-B-SUB)

The Commission received the application for information.

Rezoning Application

Six Star Holdings Ltd. c/o Brian Monaghan

(14-0155-B-RZ)

Discussion ensued:

- Concern was expressed with septic issues. Can it be recommended that dual flush toilets or low flow options be considered?

- The Commission would like clarity on the storage of heavy equipment.

It was moved and seconded by Dale Winskowski and Ed Columbus

That the Advisory Planning Commission of Electoral Area “B” support the recommendations contained in the Planning Department Information Report, dated July 23, 2014 that Rezoning

Bylaw No. 2652, 2014 which proposes to rezone the property legally described as That Part of

Lot 2, Block 5 Lying East of the Road Shown on Plan H433, Sec 23, Twp 8, ODYD, Plan 749,

Except Plans 33945 and H16713 and located at Highway 97, Electoral Area “B” from Country

Page 97 of 102

APC “B” Minutes – Regular

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item G.1a

- 2 - July 30, 2014

Residential (C.R) to Service Commercial (C.4) be given First and Second Readings; and be forwarded to a Public Hearing; and further,

That Final Adoption of Rezoning Bylaw No. 2652, 2014 be withheld until:

1) the applicant submits design recommendations from a consulting engineer regarding the proposed on-site sewage disposal and stormwater management systems and registers a covenant that would restrict permitted uses on the subject property to those which would generate a maximum daily sewage flow of 1400 litres per day or less; or

2) if the development would generate maximum daily sewage flow in excess of 1400 litres per day, the applicant submits:

 a hydrological assessment from a hydrological engineer that reviews local groundwater and surface water conditions with consideration of possible contamination of Swan Lake or a tributary watercourse or ditch; and

 a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions with the identification of a primary and separate backup drainfield location which would be protected by a covenant; and

 a design for a sewage disposal and stormwater management system prepared by a civil engineer; and

3) the applicant registers a covenant against the title of the subject property that would prohibit fee-simple or bareland strata subdivision of the subject property until a community sewer system is available; and

4) the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with the requirements of Section 52(3) of the Transportation Act.

CARRIED

NEXT MEETING

The next meeting is scheduled for August 27, 2014.

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:35 p.m.

Certified Correct:

Page 98 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item G.2a

Page 99 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item G.2b

Page 100 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item G.3

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3046.01.04

TO:

FROM:

Electoral Area Advisory Committee

Anna Page, Sustainability Coordinator

DATE: August 15, 2014

SUBJECT

:

September Sustainability Report

RECOMMENDATION:

That the September Sustainability Report dated August 15, 2014 be received for information.

DISCUSSION:

1. Shuswap Watershed Council Update

In July and August staff attended two events hosted by the Fraser Basin Council for the Shuswap

Watershed Council (SWC), a collaborative initiative to enhance water quality and safe recreation in the Shuswap for the long term. The SWC has been formed as a successor to the Shuswap Lake

Integrated Plan Process (SLIPP). In 2014 the SWC is focusing efforts on the development of a fiveyear Water Quality Program for the watershed – proposed to begin in 2015.

The first event held on July 28 th

, 2014 in Enderby was one of a series of six open houses held for

Shuswap residents and visitors to learn about recent findings on water quality in the region and about the proposed new Water Quality Program. This event provided a good opportunity for staff and attendees to discuss opportunities for collaboration during implementation of the Shuswap River

Watershed Sustainability Plan and the work of the Shuswap Watershed Council.

The second event was a staff level meeting to discuss a five-year water quality monitoring program for

2015 onwards. The SWC would like to take a coordination role for water quality monitoring in the watershed and bring together all the agencies and groups undertaking water quality monitoring to coordinate efforts and resources to avoid duplication and fill gaps. The work undertaken by the

Cherryville Water Stewards, Mid-Shuswap Water Stewards and Lower Shuswap Stewardship Society all feeds into this larger program so it is important that the RDNO remain a part of this discussion and planning.

The SWC is also interested in pursuing projects that will address where water quality contaminants are coming from. The water quality program undertaken as a part of the SLIPP Pilot project 2011-

2013 indicates that 90% of phosphorus enters the Shuswap Lake Basin from tributaries and the

Shuswap River contributes the highest annual loading. Excess phosphorus is associated with algal blooms such as those experienced in Mara and Shuswap Lakes in 2008 and 2010. A report commissioned through SLIPP to identify sources and loads of nutrients indicates the majority of this loading is likely to come from agricultural sources. Where applicable, RDNO will work with the SWC on initiatives to further refine identification of phosphorus sources and opportunities to address contributory land use practices.

Page 101 of 102

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA

September 4, 2014 - Item G.3

September Sustainabi lit y Report

Report to Electoral Area Advisory Committee- August 15, 2014 Page 2

2. Community Works Fund

Two Tier 1 Community Works Fund projects have been approved .

Project #090

Search and Rescue Building Lighting Replacement

$6432.84 has been appro v ed to replace lighting in the Search and Rescue Bu il d i ng. The funds have been allocated from all Electora l Area's Commun ity Works Fund budgets.

Project #093

Cherryville Hall Window Replacement

$908.06 has been approved for the replacement of two windows in the basement of the Cherryville

Hall. Existing windows are single-pane and are very draughty in winter . The basement of the hall is used for various programs in cluding the pre-school. Local volunteers will install the windows so the cost is solely for the materials. The funds have been allocated from the Electoral Area "E"

Community Works Fund budget.

3. Swan Lake Water Quality Monitoring Program

A request for proposal has been posted for int erested and qualified consultants to des ign and undertake a program to measure the influence of surrounding land uses on water quality in Swan

Lake, particularly any influ ences from sewerage disposal systems. The closing date for proposals is

September

2nd 2014.

Proposals will be reviewed and ana ly sed by staff in September and if a suitab l e program has been proposed, staff will look at funding options including applying for a Okanagan Basin

Water Board grant in

2015 and/or use of Community Works Funds.

Submitted by:

Anna Page

Sustainability Coordinator

Endorsed by:

~

Rob Sma il es, MCIP, RPP

General Manager, Plann in g and Bui ldin g

Approved For Inclusion:

AJ~

V

Administrator

Page 102 of 102

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