Thursday, February 2, 2017

DISTRICT OF TOFINO REGULAR COUNCIL MEETING Council Chamber, Municipal Office 2017-February-07 at 10:00 AM AGENDA


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DISTRICT OF TOFINO REGULAR COUNCIL MEETING

Council Chamber, Municipal Office
2017-February-07 at 10:00 AM

AGENDA





1.
CALL MEETING TO ORDER


2.
ADOPTION OF AGENDA


3.
ADOPTION OF MINUTES



3.1
Minutes of the Regular Council Meeting held January 24, 2017
Recommendation: THAT the minutes of the regular Council meeting held January 24, 2017 be adopted.



4.
PUBLIC COMMENT ON AGENDA ITEMS


5.
MAYOR'S REPORT


6.
DELEGATIONS



6.1
Delegation request from Ed Kry and Betty Wilson, Strata Council members, South Chesterman Beach Homes, regarding the Zoning Amendment Application of South Chesterman Beach Homes - 1383 Thornberg Crescent



6.2
Delegation request from Madelaine Kelly, Margot Theriault, Michael Frey, Tom Olson, The Shore Owners Group regarding the Zoning Amendment Application for The Shore - 368 Main Steet



7.
CORRESPONDENCE



7.1
Correspondence from Clayoquot Biosphere Trust regarding 2017 Biosphere Research Award



7.2
Correspondence from L.Hartzell regarding Short Term Rentals at The Shore



8.
REPORTS TO COUNCIL



8.1
Zoning Amendment Application - The Shore - 368 Main Street (Report from Community Sustainability)
Recommendation:
THAT the application to rezone “The Shore”, located at 368 Main Street, to allow Temporary Accommodation use be denied.



8.2
Zoning Amendment Application – South Chesterman Beach Homes– 1383 Thornberg Crescent (Report from Community Sustainability)
Recommendation: THAT the application to rezone "South Chesterman Beach Homes", located at 1383 Thornberg Crescent, to allow Temporary Accommodation use be denied.



8.3
Special Event Permit Application, Surfrider Pacific Rim Beach Cleanups (Report from Resort Municipality Initiative Services)
Recommendation:
THAT a Special Event Permit be issued for the use of beaches at Cox Bay, Chesterman Beach, Mackenzie Beach and Tonquin Park including public parking lots and access paths to organizers of the Surfrider Pacific Rim Beach Cleanups scheduled to be held monthly in 2017, including the following conditions:
         Proof of permission from the Ministry of Forests, Lands and Natural Resource Operations to use the foreshore.
         Provision of a certificate of insurance naming the District of Tofino as additional insured.

AND THAT the District support Surfrider Pacific Rim through the removal and disposal of collected material.



8.4
Special Event Permit Application, West Coast Weird Off (Report from Resort Municipality Initiative Services)
Recommendation: THAT a special event permit be issued for the use of the beaches at Chesterman Beach and Cox Bay as well as associated public parking lots and access paths to organizers of theWest Coast Weird Off event scheduled to be held Saturday, September 23, 2017 including the following conditions:
         Proof of permission from the Ministry of Forests, Lands and Natural Resource Operations to use the foreshore.
         Provision of a $500 refundable damage deposit.
         Provision of a certificate of insurance naming the District of Tofino as additional insured.
         Provision of an event safety and traffic management plan 14 days before the event.



8.5
Special Event Permit Application, Davidson Wedding (Report from Resort Municipality Initiative Services)
Recommendation: THAT the report titled “Special Event Permit Application: Davidson Wedding May 27, 2017” dated February 7, 2017, be received for information and discussion.



8.6
Approval of Expropriation and Vesting Notice (Report from CAO)
Recommendation: THAT, as the approving authority under the Expropriation Act for the expropriation described in the Expropriation Notice dated January 20, 2017 registered in the Victoria Land Title Office under number CA5780245, the Council of the District of Tofino approve of that expropriation.

THAT the Corporate Officer be authorized and directed to, in respect of the Expropriation Notice registered in the Victoria Land Title Office under number CA5780245:
  1. sign and seal a Certificate of Approval in the form required under the Expropriation Act General Regulation;
  2. cause the expropriating authority and each owner to be notified in writing of the Council’s approval of the expropriation;
  3. cause advance payments to made to the registered owners as required under section 20(1)(d) of the Expropriation Act and serve on those owners a copy of all appraisal and other reports on which the advance payment is based;
  4. cause a Vesting Notice under section 23 of the Expropriation Act to be filed in the Land Title Office and a copy of the Vesting Notice to be served on each owner; and
  5. sign and seal the Notice of Advance Payment and Vesting Notice, each in the form required under the Expropriation Act General Regulation.



8.7
Committee of the Whole
Minutes: THAT the minutes of the Committee of the Whole meeting held January 30, 2017 be received.

The Committee of the Whole reports and recommends as follows:
Recommendation: THAT staff work with surfrider Pacific Rim to install a cigarette butt container in the District of Tofino.
Recommendation: THAT the draft "District of Tofino Strategic Plan 2015-2018 Update" attached as Appendix 1 to the report "Strategic Plan Update" dated January 30, 2017, be received for information and review.
Recommendation: WHEREAS B.C. Reg. 438/81 ‘Prescribed Classes of Property Regulation’ enables BC Assessment to split-classify two specific Short Term Overnight Commercial Accommodation Properties (strata accommodation properties and ‘bed and breakfast’ residential properties) between Class 1 and Class 6 to reflect the dual residential and commercial use of these properties; and

WHEREAS the regulation does not capture residential properties that are also used commercially for short-term overnight accommodation (known as “short term rentals” or “vacation rentals”), creating a tax fairness issue;

THEREFORE BE IT RESOLVED that the Province amend legislation so that all residential properties used for short-term overnight commercial accommodation be eligible to be split-classified between Class 1 and Class 6, and that classification methodology for short-term rentals be developed in consultation with stakeholders.



9.
BYLAWS


10.
BUSINESS INITIATED BY COUNCIL MEMBERS


11.
UNFINISHED BUSINESS


12.
QUESTION PERIOD


13.
CLOSED SESSION



13.1
Recommendation: THAT the meeting be closed to the public pursuant to sections 90(1)(a)(b) and (c) of the Community Charter to discuss matters relating to:
         personal information about an individual who holds or is being considered for a position as an officer, employee or agent
         personal information about an identifiable individual who holds or is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality or honor, or who has offered to provide a gift to the municipality on condition of anonymity
         employee relations



14.
RECONVENE FROM CLOSED SESSION


15.
ADJOURNMENT

February 7, 2017
Regular Council Agenda

31 comments:

Anonymous said...

I'm guessing this will be fairly well attended...
The Shore AND South Chesterman on the chopping block!

Anonymous said...

I'm guessing this will be fairly well attended...
The Shore AND South Chesterman on the chopping block!

Anonymous said...

Better both be rejected ideas. The covenants are in place against it. The only reasons they were built. The shore swore on a proverbial stack of bibles that they weren't a hotel. Stop the short term rentals at S. Chestermans and maybe we'll have some long term housing. Same goes for for the shore. No sympathy at all for them. They knew the rules when they bought and built.

Anonymous said...

@8:37 Pm. Forget it. There will be no long term rental housing at South Chesterman's. The places will sit there vacant. You want housing? Tell mayor and council to follow the rules of the OCP and approve some housing development proposals in a reasonable and timely manner. This idea of supplying housing by attacking the tourism industry isn't going to work.

Anonymous said...

9:30 you have no clue. If you are an absentee owner and cannot rent it for the previous obtainable short term rental rates, you may well decide to sell it rather than have to pay all the taxes on it. AND the value of those condos will drop from a business classification to one of a housing classification. There will not be the bidders for those properties chasing them for their illegal short term rental income.
That is how housing becomes more affordable. Leaving the status quo does nothing but destroy the town. No kids in school, no staff for the hospital, no volunteers to contribute and make a town a town worth living in.
I make my living like everyone else in this town from the visitors but the illegal vacation rentals like s. chestermans and the shore have to be the first to shut down. I want a real town to live in more than the greed of a few more bucks in my pants.
If they remain empty and unsold, so be it but it is better than having community destroying illegal vacation rentals for neighbours.

Anonymous said...

10:26, Well said. My sentiments exactly. The high cost of homes has largely been driven by the revenue potential of short term rentals. The purchasers of these condos were well aware of the existing zoning or at least should have been and I have no sympathy for them. They were lucky to have had all these years of revenue. CHOP CHOP CHOP!

Anonymous said...

Hmmmmmmm... Ecolodge not on the chopping block? WTF. What happened to the big 2017 crackdown. Picking on the poor South Chesterman and Shore property owners only. If we had Trump he would have signed an executive order long ago,

Anonymous said...

Get to know Tofino on a whole new level. The Ecolodge at Tofino Botanical Gardens is a 10 room bed & breakfast lodge, located in a whimsical and inspirational 12 acre rainforest garden. The Ecolodge was designed for the conscientious traveller looking for quiet, clean, affordable accommodation in Tofino, with a focus on groups, retreats, family reunions and education and learning opportunities. The Ecolodge features a large common kitchen (where you are provided with breakfast every morning), dining room and lounge, and cozy fireplace. Instead of TVs and telephones in rooms, the Ecolodge has a library well stocked with books about gardening, science, the local environment and history, Charles Darwin, as well as a handful of novels and childrens books! Most rooms have shared washrooms, with two 'family suites' featuring private washrooms. Rooms have a queen bed, two single beds, or four bunk beds, as well as storage space and a work desk. Linens, towels and robes are provided. Classroom facilities are also available to Ecolodge guests and other Tofino visitors for meetings, presentations, yoga classes and more. An outdoor firepit provides the opportunity for evening story telling and marshmallow roasting. All guests are encouraged to roam the 12 acre waterfront gardens, exploring the natural and cultural histories of Clayoquot Sound and take part in our educational offerings. Owned and operated by George Patterson and Josie Osborne and staffed with a knowledgeable and friendly staff, the Ecolodge provides a warm, convivial and welcoming base for your exploration of the people and places of Tofino and Clayoquot Sound.from : Tourism Tofino

Anonymous said...

Mayor Osborne has spent most of her career doing what she can to help make Tofino a world class destination. After working with First Nations for 6 years, Josie took the next 9 years to become a self-employed fisheries consultant, operate the Tofino Botanical Gardens with her husband (the boy next door), George Patterson, become the Executive Director of the Raincoast Society, chair the Tourism Tofino Board of Directors and serve on many festival boards, always with the best interested of Tofitians in mind.

Anonymous said...

Why don't these people just take out an ad

Anonymous said...

World class.... More like gettho class with rv in every business and residence backyard.
The lodge offers anti-pipeline terrorists training class in a Fidel Castro utopia.

All the employment insurance bum must do something between the Mexico trips and chant class awaiting to go burn fuel at Mach 1 harassing what is left of wildlife.

At least they now bag domesticated animal feces and ship it to the pristine national park dump for further methane production.

Anonymous said...

"boy next door"!!! This some fantastic piece of revisionist propaganda here. Must be an election coming.

Anonymous said...


10:28, Is that you Josie or is it Josie's campaign manager. Yes, Josie has done some wonderful things out here on the coast BUT, it does not exclude her from following the laws of our town. I'm sure there are some property owners of The Shore and South Chesterman condos that have done some wonderful things in this world too. Josie and her husband have been operating the Ecolodge allegedly illegally for years and in doing so avoiding the costlier commercial taxes. She has been one of the most vocal local leaders with regard to short term zoning and licencing infractions. As the leader of our community I would expect her to set an example for the rest of us to follow. I would assume that the 2017 business licence for the Ecolodge has been renewed. How did that get past the bylaw department? If the rules are going to be enforced as I do believe they should, it should be for all not just some. There are no excuses and no exemptions to the law. If she has the "best interests of Tofitians" in mind she should pay her fair share of property tax instead of being subsidized by us taxpayers who follow the laws.




Anonymous said...

Restrictions on inside influence
102 (1) A council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken
(a) at a meeting referred to in section 100 (1) [disclosure of conflict],
(b) by an officer or an employee of the municipality, or
(c) by a delegate under section 154 [delegation of council authority],
if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.
(2) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
Restrictions on outside influence
103 (1) In addition to the restriction under section 102, a council member must not use his or her office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.
(2) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.

Anonymous said...

Nobody cares

Anonymous said...

From the Mayor's facebook page
On Tuesday, Tofino Council will consider applications to amend the zoning of two strata developments to include Temporary Accommodation (aka short-term rentals) as a permissible use, at The Shore and South Chesterman Beach Homes (where it is currently not permitted in their zoning). Rental activity in these developments has been long talked about in the community, and I commend the owners for bringing forward the applications to an open and transparent decision-making process through a zoning amendment application. At the Council meeting, we are asked to make a decision as to whether these applications should enter the rezoning process (in which an amendment bylaw receives three readings and goes through a Public Hearing before being adopted).

Council is open to hearing all perspectives. We will hear directly from the applicants as they each will be making delegations (10 minutes) to Council on Tuesday. If you wish to make your views known before Tuesday's meeting, perhaps the best way is to e-mail to Mayor and Council at using addresses found here: http://tofino.ca/tofino-mayor-and-council. Kindly copy corporateservices@tofino.ca as all correspondence to Mayor and Council forms part of the public record.

Please take the time to read the staff reports to get some of the details of the applications; you can find them here:

South Chesterman Beach Homes https://tinyurl.com/jyltfjf plus an appendix here https://tinyurl.com/zhqagck

The Shore https://tinyurl.com/hxph5da

Anonymous said...

Council is being inundated with letters of support for South Chesterman!

Anonymous said...

If council approves those two, against the recommendations of staff, having the town remain as a town people will actually want to live in and be part of it, will be gone forever.

Anonymous said...

What area of "stupid" would one place this quote under? "NTD: I wonder if we should note that nightly rental units generate a demand for employees – cleaners
etc.??" Does this say that we can't approve this application because it'll supply jobs and then those employees will need a place to live? That's a great solution to the housing shortage: destroy everyone's jobs!
I'm also wondering who this person that signed this staff reccomendation is? Where did her "expertise" come from? She moved to town a couple months ago and now suddenly is qualified to pass judgement on a complex matter that stretches back over a decade, affects dozens of owners and residents, has the potential to eliminate dozens of local jobs, and could do huge damage to Tofino's tourism industry. That, I believe, is why council makes the decisions, not staff.

Anonymous said...

Approving South Chesterman's and or the Shores does not preclude a general crackdown on illegal VCR's, nor does it set any precedent for further rezonings of a similar ilk. Every situation needs to be viewed on its own merits.

Quite a few years ago South Chesterman's was singled out and criticised and told they would have to rezone. They applied. They were told they would need to make an "amenity" contribution. If my memory is correct they offered $400,000.00. They were summarily turned down. Confusing at best. The commercial tax differences to the town were not even included in the discussion at the time. Of course subsequently no bylaws were enforced.....yet again.

When the development was first created most people thought the OCP was correct as Chesterman's was all residential. Then the Wick Inn came along and then virtually the whole beach went commercial via VCR's etc. or left empty by absentee owners. Just as serious for the community.

Right now, Chesterman"s Beach as a whole is quite commercialized. I really don"t know what the beef is. Rezone them. Take the money and build some affordable rental housing....Get something done. Boy, do I get tired of these overly principled debates and hard line positions that don't help a bit and get us nowhere.

The past is always "gone forever". I will remember it fondly. A clean empty beach with no one out surfing, and plenty of beach wood for an apr├Ęs fire and crab feast. You used to be able to rake them in the shallow water. But things have changed. Some for the better, some for the worse. The only thing we can do is try to manage that change and make a better future. We can not go back to some past.....It is no longer there. Like a dream, you wake up and the dream is gone. Time to wake up...

Anonymous said...

Why should council reward people for illegal behavior ? Both South Chestermans and the Shore were built as long term housing . Everyone know that when they bought in .
Cox Bay Beach Resort and Eik Landing were both built with short term rentals in mind. They are zoned as such. Everyone knew that when they bought in .

Anonymous said...

4.34 and we have had 10 to 15 years where councils have chosen ,I reiterate, councils have chosen not to enforce their bylaws, So who is at fault here when the wilful blindness is partly if not largely to blame. This is really not about the past, it is about the future. Do not let your desire to punish evil doers cloud judgement on what is appropriate for the future.

Anonymous said...

What was the verdict? Did they give both sites the ability to do short term rentals, give them 10 more years of not having to have a business license and unlimited water.....

Ralph Tieleman said...

no verdict. stay tuned

Anonymous said...

South Chesterman is fully booked for the family day w/e.

Anonymous said...

No, it's not fully booked at all. At least one management company, and a few owner-operated units, have taken it upon themselves to comply with the bylaw and are NOT accept bookings for 2017.

Anonymous said...

9:17 AM...... How in fuck could you possibly know that? I call bullshit! Several different rental agents, some units owner occupied, some privately rented by owners, some vacant, .....you cannot possibly know the status of all 39 units. STFU.

Anonymous said...

Oh my god, while council drags its heels and then tries to muster up some guts..... they keep their nightly rentals going....

Honestly if you don't have the guts to uphold the bylaws...... Get the FUCK OFF COUNCIL!

This is absolute bullshit, waste of time, one thing is not getting caught and the other issue is getting caught... In plain english you have been caught now shut the fuck up and stop doing it. Shut them down, did they actually get a business license?

Anonymous said...

The mayor voted to cause a tie .

Anonymous said...

3:12 PM Talk to the cleaners they know what is going on!

Anonymous said...

The mayor voted to cause a tie? WTF. Do they have something held over her head? Wonder what that could be.......