Tofino Housing Corporation Meeting Sept 18 2017

 TOFINO HOUSING CORPORATION MEETING
Notice is hereby given of the following meeting: 2017-September-18 at 2:00 PM Council Chamber, Municipal Office
 Page
2-4
1. 2. 3.
4. 5. 6. 7.
CALL MEETING TO ORDER
ADOPTION OF AGENDA
ADOPTION OF MINUTES
AGENDA
 5 - 13
3.1 Minutes of the Tofino Housing Corporation Meeting held August 18, 2017
Recommendation: THAT the minutes of the Tofino Housing Corporation meeting held August 18, 2017 be adopted.
2017-08-21 Tofino Housing Corporation - Minutes
BUSINESS ARISING FROM THE MINUTES CORRESPONDENCE
REPORTS
NEW BUSINESS
7.1 MOU with Tofino Bible Fellowship
12-09-17 MOU Tofino Bible Fellowship - Bill and Bob Comments 12-09-17 MOU Tofino Bible Fellowship - Bill Comments
7.2 Use of Gateway and Sea Otter Developments 7.3 Sharp Road Update
7.4 Environmental Consultant
7.5 Jen Thorpe, Emily Gow Proposal
7.6 Presentation to Council - October 10, 2017
7.7 Housing Forum - Agenda, Timing, Speaker Brainstorming 7.8 Next Board Meeting
ADJOURNMENT
  8.
September 18, 2017 Tofino Housing Corporation Agenda Page 1 of 13

  TOFINO HOUSING CORPORATION MEETING August 21, 2017 at 2:00 PM
Council Chamber MINUTES
Members: Mayor J. Osborne, Councillor D. Baert, Councillor D. McMaster, N. Attiana (Director of Financial Services), B. MacPherson (CAO), Ashley Hawker (Confidential Secretary)
PRESENT:
ABSENT:
1. CALL MEETING TO ORDER
Mayor Josie Osborne called the meeting to order at 2:00 p.m.
2. ADOPTION OF AGENDA
Motion:
THAT Item 6.1 be moved to 7.2
AND THAT the agenda be adopted as amended.
3. ADOPTION OF MINUTES
CARRIED UNANIMOUSLY
3.1 Minutes of the Tofino Housing Corporation Meeting held June 26, 2017
Motion:
THAT the minutes of the Tofino Housing Corporation meeting held June 26, 2017 be adopted.
4. BUSINESS ARISING FROM THE MINUTES
None
5. CORRESPONDENCE
None
6. REPORTS
6.1 DL114 Neighbourhood Plan (Report from Ian Scott, Executive Director, THC)
7. NEW BUSINESS
7.1 7.2
August 21, 2017
Governance of the Tofino Housing Corporation vs District of Tofino - Discussion
Housing Delivery Model Options: Selection of Preferred Option or Decision Process Identification - Decision Item
Tofino Housing Corporation Minutes
CARRIED UNANIMOUSLY
Page 2 of 13

 Decision delayed pending draft Business Plan for Developer / Housing Authority Model 7.3 2017 Budget - Decision Item
Motion:
THAT the 2017 Budget be approved as presented.
7.4 Hiring of McElhaney and other Consultants - Decision Item
CARRIED UNANIMOUSLY
Board discussed that Executive Director can hire consultants based on approved 2017 budget using process he chooses.
7.5 Recommendation to Council re. Tofino Bible Fellowship and DL114 - Decision Item
Motion:
THAT the Tofino Housing Corporation supports, in principle, the transfer of land at DL114 to the Tofino Bible Fellowship conditional on their presentation of a detailed proposal to Tofino Council that includes:
 Who the housing is servicing
 How much space (acreage) is required
 How the community space will be used
CARRIED UNANIMOUSLY
Nyla Attiana left the meeting at 4:17 p.m.
7.6 Recommendation to Council re. status of DL114 and THC - Decision Item
Motion:
THAT Tofino Council reaffirm their commitment to providing DL114 to the Tofino Housing Corporation for the purpose of affordable and attainable housing.
7.7 Sharp Road - Discussion
7.8 Fall Housing Forum - Update
7.9 September Board Meeting - Scheduling and Agenda
The next THC Board meeting will take place on Monday, September 18, 2017 at 2:00 p.m. in the District of Tofino Council Chambers.
8. ADJOURNMENT Motion:
THAT the meeting be adjourned at 5:45 p.m. CERTIFIED CORRECT:
August 21, 2017 Tofino Housing Corporation Minutes
CARRIED UNANIMOUSLY
CARRIED UNANIMOUSLY
Page 3 of 13

   Bob MacPherson, Recording Secretary Josie Osborne, Chair
August 21, 2017 Tofino Housing Corporation Minutes
Page 4 of 13

  Bill’s comments in red
Bob’s edits in blue (mostly)
MEMORANDUM OF UNDERSTANDING BETWEEN
DISTRICT OF TOFINO
(DOT)
AND
TOFINO HOUSING CORPORATION INC. (THC)
AND
TOFINO BIBLE FELOWSHIP
(TBF)
(COLLECTIVELY “THE PARTIES)
Whereas the District of Tofino is owner of District Lot 114 (insert legal) “the Lands”
Whereas the District of Tofino has identified, through the District of Tofino’s Official Community Plan and the District Lot 114 Local Area Plan, the use of District Lot 114 for affordable and attainable housing.
Whereas the District of Tofino has established the Tofino Housing Corporation Inc., (“THC”) a private municipal corporation with the sole purpose of building attainable and affordable housing in Tofino and the District of Tofino has committed to providing the majority of the lands to THC for this purpose.
Whereas the Tofino Bible Fellowship (“TBF”) a CRA registered charity, would like to develop approximately 15 units of affordable housing and an approximately 2000 sq ft multi- purpose community room (“the Development”) on the Lands.
Whereas the THC intends to develop approximately 35 units of housing as part of an initial development phase on the Lands (“THC Phase 1”).
    Commented [b2]: Affordable housing?
Commented [b1]: Make sure that this is the correct legal name.
  Page 5 of 13

  Whereas the District of Tofino and THC support the TBF vision the Development. The Purpose of this agreement is:
1. To establish provide a Memorandum of Understanding (“MOU”) between the three parties to establish the parameters conditions whereby a portion of the Lands will may be transferred by the District of Tofino to TBF for $1 for the purpose of the TBF Development.
2. TBF Parcel Transfer
The District of Tofino and TBF agree that approximately [insert total] of the Lands will be transferred to TBF. This designated lot will revert back to THC – subject to articles in this agreement, if TBF fails to complete the following in a timely manner (following completion of) schematic designs and financing, grant or equity contribution approvals from BC Housing and / or other parties and the subdivision of the Lands. The exact size of the land parcel transferred to TBF will be dependent on completion of schematic designs relatively consistent with Concept Plan (see Appendix A) and approval of a Rezoning Application by the District of Tofino.
3. Rezoning DecisionNo Fettering
TBF acknowledges that nothing this MOU does not fetters the District of Tofino from making whateverin making its decision it deems appropriate based on the merits ofregarding the Rezoning Application made by TBF to the District of Tofinoany proposed changes to zoning. Would a rezoning application be required or would a simpler text amendment to the existing Zoning, which would allow more use options, be a cleaner, less costly step. The District already rezoned property at their expense and TBF proposal does not propose and change of purpose ie: commercial only adding uses that complimenting existing zoning
4. PaymentConsideration
TBF agrees to pay $10.00 to the District of Tofino and the land transfer tax and GST, as
required, for its parcel.
5.4. Land Subdivision and Servicing Plan
TBF and THC agree to collaborate on developing a subdivision and servicing plan(s) that will result in the extension of Peterson Road onto the Lands and provide access to the TBF
                     Commented [b5]: A text amendment IS a rezoning
Commented [b3]: We will need to establish a rationale for lawful non-market transfer of these lands.
Commented [b4]: Is it intended that the TBF Development be defined herein?
   Page 6 of 13

  Development and THC Phase 1. TBF and THC acknowledge that this process will involve hiring multiple consultants which may ( is likely to ) include, but not limited to, biologists, civil engineers, geotechnical engineers, surveyors, rainwater management specialists, costs consultants, lawyers and other development specialists.
6.5. Cost Sharing – Subdivision and Servicing Plan
TBF and THC agree to share the cost of hiring the consultants associated with producing the subdivision and servicing plan for the TBF Development and THC Phase 1 on split of 30% borne by TBF and 70% borne by THC.
7.6. Cost Sharing – Servicing Installation
TBF and THC agree to share the cost of subdividing the lots and installing the services within the public right-of-way, which will provide access and services to the TBF Development and THC Phase 1. The costs will be apportioned for the following items based on the following table:
I am guessing that survey costs are covered in subdivision process?
8.7. Cost Sharing Agreements Required
(Nothing in this MOU implies that TBF or THC can hire a consultant and receive any form of reimbursement from the other party.) Not sure the intent of the first sentence? TBF and THC agree to work together based on the terms of the MOU and prior to hiring any consultant TBF and THC will have to agree on the hiring process, the selection process, who is supervising the consultant, who will pay the consultant and what reimbursement, if any, will be provided from one party to the other.
9.8. Concept Servicing Plan
Each organisation will hire (their own) design and
 development consultants to establish the on-site schematic site plan, building design and
  landscaping plan.
 Commented [b6]: Why can the two parties not agree on a consultant team?
  Commented [b7]: This whole section needs to be a lot clearer
Commented [b8]: This is not clear
    Item Proportionate to:
 Subdivision Number of lots to be owned by either party (does not include any subdivisions or strata
subdivisions that may occur subsequently)
 Roads and services in the road right of way Frontage length on Peterson Road for the Development and THC Phase 1
 Service laterals Number servicing each lot
    Page 7 of 13

  Both THC and TBF acknowledge that THC will be completing a Concept Servicing Plan for the Lands, which will form the basis for developing the subdivision and servicing plan for the Development and THC Phase 1. THC is paying for this work.
10.9. Timeliness
All The Parties parties acknowledge that time is of the essence and that this partnership will only be successful if each party is diligently working towards being ready to acquire the necessary funding and financing to pay their share of the subdivision and servicing as contemplated in this MOU.
11. District of Tofino funded subdivision and servicing
In the event that either TBF is not ready (able) to proceed with the Development or THC is not ready to proceed with THC Phase 1, after due consideration of related circumstances and subject to the conditions of this MOU, the District of Tofino will give serious consideration to funding the TBF or THC subdivision and servicing cost-share. The District is then free to allow the other party to proceed.
12.10. Proceeding without TBF
TBF acknowledges that if it is not ready todoes not proceed with funding its share of the subdivision and servicing when THC is ready to proceed, the District of Tofino may ( to ) give permission to THC, THC and another third party, or another third party, to proceed with the subdivision and servicing plan and transfer that portion of the Lands contemplated under clause 2 to another party.
13.11. Reimbursement for Subdivision and Servicing Costs
The District of Tofino agrees that in the event it elects to proceed without TBF, the District of Tofino, (or another party), will reimburse TBF for the costs incurred for the subdivision and servicing plan development as per clause 6. TBF acknowledges that any costs borne by TBF to develop the on-site schematic site plan, building design and landscaping design will not be reimbursed. The District or another party, in the development of the TBF site, as a cost saving measure and to allow cost recovery for TBF, may chose/be encouraged to purchase – at cost – the site plan, building design and landscaping design already established for the site.
14.12. Allocating another parcel to TBF
  Commented [b9]: Partnership has a legal meaning – I don’t think that this is a partnership – more likely a “joint venture”
   Commented [b10]: Nope – this is a decision that we can make at that time IF the development stumbles.
         Commented [b11]: More certainty around timing needed I think
 Commented [b12]: In this case, what happens to the work that TBF has done?
 Commented [b13]: More Like “ Should TBF and THC not proceed with the development of the Lands by , the District of Tofino may, in its sole discretion rely on work undertaken by the other parties to the extent that it legally possible and will in such case provide compensation to the other parties.
Or just delete this section.
     Page 8 of 13

  The District of Tofino agrees that in the event it elects to proceed without the TBF, it will considermay in its sole discretion allocate allocating, when TBF is ready to proceed, a similar sized parcel on the Lands to allow TBF to proceed with the Development in another location at a future date.
15.13. Good faith and other legal mumbo jumbo?
Should we consider a clause asking the District – in of the affordable housing nature of this land – to seek to minimize any and all charges and fees. Ie: Public Hearing if required, sudbdivision fees, DCC’s, etc.
  consideration
  administrative
   Commented [b14]: Perhaps the District can simply run the rezoning process at its cost.
 Page 9 of 13

 Bill’s comments in red
MEMORANDUM OF UNDERSTANDING BETWEEN
DISTRICT OF TOFINO
AND
TOFINO HOUSING CORPORATION INC. AND
TOFINO BIBLE FELOWSHIP
Whereas the District of Tofino is owner of District Lot 114 (insert legal) “the Lands”
Whereas the District of Tofino has identified, through the District of Tofino’s Official Community Plan and the District Lot 114 Local Area Plan, the use of District Lot 114 for affordable and attainable housing.
Whereas the District of Tofino has established the Tofino Housing Corporation Inc., (“THC”) a private municipal corporation with the sole purpose of building attainable and affordable housing in Tofino and the District of Tofino has committed to providing the majority of the lands to THC for this purpose.
Whereas the Tofino Bible Fellowship (“TBF”) a CRA registered charity, would like to develop approximately 15 units of affordable housing and an approximately 2000 sq ft multi- purpose community room (“the Development”) on the Lands.
Whereas the THC intends to develop approximately 35 units of housing as part of an initial development phase on the Lands (“THC Phase 1”).
Whereas the District of Tofino and THC support the TBF vision the Development. The Purpose of this agreement is:
1. To establish provide a Memorandum of Understanding (“MOU”) between the three parties to establish the parameters whereby a portion of the Lands will be transferred by the District of Tofino to TBF for $1 for the purpose of the TBF Development.
Page 10 of 13

 2. TBF Parcel Transfer
The District of Tofino and TBF agree that approximately [insert total] of the Lands will be transferred to TBF. This designated lot will revert back to THC – subject to articles in this agreement, if TBF fails to complete the following in a timely manner (following completion of) and financing, grant or equity contribution approvals from BC Housing and / or other parties and the subdivision of the Lands. The exact size of the land parcel transferred to TBF will be dependent on completion of schematic designs relatively consistent with Concept Plan (see Appendix A) and approval of a Rezoning Application by the District of Tofino.
3. Rezoning Decision
TBF acknowledges that this MOU does not fetter the District of Tofino from making whatever decision it deems appropriate based on the merits of the Rezoning Application made by TBF to the District of Tofino. Would a rezoning application be required or would a simpler text amendment to the existing Zoning, which would allow more use options, be a cleaner, less costly step. The District already rezoned property at their expense and TBF proposal does not propose and change of purpose ie: commercial only adding uses that complimenting existing zoning
4. Payment
TBF agrees to pay $1 to the District of Tofino and the land transfer tax and GST, as required, for its parcel.
5. Land Subdivision and Servicing Plan
TBF and THC agree to collaborate on developing a subdivision and servicing plan(s) that will result in the extension of Peterson Road onto the Lands and provide access to the TBF Development and THC Phase 1. TBF and THC acknowledge that this process will involve hiring multiple consultants which may ( is likely to ) include, but not limited to, biologists, civil engineers, geotechnical engineers, surveyors, rainwater management specialists, costs consultants, lawyers and other development specialists.
6. Cost Sharing – Subdivision and Servicing Plan
TBF and THC agree to share the cost of hiring the consultants associated with producing the subdivision and servicing plan for the TBF Development and THC Phase 1 on split of 30% borne by TBF and 70% borne by THC. Each organisation will hire (their own) design and
schematic
 designs
  Page 11 of 13

 development consultants to establish the on-site schematic site plan, building design and landscaping plan.
7. Cost Sharing – Servicing Installation
TBF and THC agree to share the cost of subdividing the lots and installing the services within the public right-of-way, which will provide access and services to the TBF Development and THC Phase 1. The costs will be apportioned for the following items based on the following table:
 Item Proportionate to:
 Subdivision Number of lots to be owned by either party (does not include any subdivisions or strata
subdivisions that may occur subsequently)
 Roads and services in the road right of way Frontage length on Peterson Road for the Development and THC Phase 1
 Service laterals Number servicing each lot
   I am guessing that survey costs are covered in subdivision process?
8. Cost Sharing Agreements Required
(Nothing in this MOU implies that TBF or THC can hire a consultant and receive any form of reimbursement from the other party.) Not sure the intent of the first sentence? TBF and THC agree to work together based on the terms of the MOU and prior to hiring any consultant TBF and THC will have to agree on the hiring process, the selection process, who is supervising the consultant, who will pay the consultant and what reimbursement, if any, will be provided from one party to the other.
9. Concept Servicing Plan
Both THC and TBF acknowledge that THC will be completing a Concept Servicing Plan for the Lands, which will form the basis for developing the subdivision and servicing plan for the Development and THC Phase 1. THC is paying for this work.
10. Timeliness
All parties acknowledge that this partnership will only be successful if each party is diligently working towards being ready to acquire the necessary funding and financing to pay their share of the subdivision and servicing as contemplated in this MOU.
11. District of Tofino funded subdivision and servicing
Page 12 of 13

 In the event that either TBF is not ready (able) to proceed with the Development or THC is not ready to proceed with THC Phase 1, after due consideration of related circumstances and subject to the conditions of this MOU, the District of Tofino will give serious consideration to funding the TBF or THC subdivision and servicing cost-share. The District is then free to allow the other party to proceed.
12. Proceeding without TBF
TBF acknowledges that if it is not ready to proceed with funding its share of the subdivision and servicing when THC is ready to proceed, the District of Tofino may ( to ) give permission to THC, THC and another third party, or another third party, to proceed with the subdivision and servicing plan and transfer that portion of the Lands contemplated under clause 2 to another party.
13. Reimbursement for Subdivision and Servicing Costs
The District of Tofino agrees that in the event it elects to proceed without TBF, the District of Tofino, (or another party), will reimburse TBF for the costs incurred for the subdivision and servicing plan development as per clause 6. TBF acknowledges that any costs borne by TBF to develop the on-site schematic site plan, building design and landscaping design will not be reimbursed. The District or another party, in the development of the TBF site, as a cost saving measure and to allow cost recovery for TBF, may chose/be encouraged to purchase – at cost – the site plan, building design and landscaping design already established for the site.
14. Allocating another parcel to TBF
The District of Tofino agrees that in the event it elects to proceed without the TBF, it will consider allocating, when TBF is ready to proceed, a similar sized parcel on the Lands to allow TBF to proceed with the Development in another location at a future date.
15. Good faith and other legal
Should we consider a clause asking the District – in of the housing nature of this land – to seek to   any and all
fees. Ie: Public Hearing if     fees, DCC’s, etc.
and
mumbo
 jumbo?
 consideration
affordable
   minimize
administrative
charges
   required,
sudbdivision
 Page 13 of 13