HomeMy WebLinkAbout2018-10-02 Council Meeting Agenda and Reports.pdf
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City of Maple Ridge
COUNCIL MEETING AGENDA
October 2, 2018
7:00 p.m.
Council Chamber
Note: This Agenda is also posted on the City’s Web Site at www.mapleridge.ca
The purpose of a Council meeting is to enact powers given to Council by using bylaws
or resolutions. This is the final venue for debate of issues before voting on a bylaw or
resolution.
100 CALL TO ORDER
200 AMENDMENTS TO THE AGENDA
300 APPROVAL OF THE AGENDA
400 ADOPTION OF MINUTES
401 Minutes of the Special Council Meeting of September 18, 2018 and the
Regular Council Meeting of September 18, 2018
402 Minutes to the Public Hearing of September 18, 2018
500 PRESENTATIONS AT THE REQUEST OF COUNCIL
501 Cemetery Services
• Valoree Richmond, Manager of Parks Planning and Development
MEETING DECORUM
Council would like to remind all people present tonight that serious issues are
decided at Council meetings which affect many people’s lives. Therefore, we ask that
you act with the appropriate decorum that a Council Meeting deserves. Commentary
and conversations by the public are distracting. Should anyone disrupt the Council
Meeting in any way, the meeting will be stopped and that person’s behavior will be
reprimanded. The meeting is live streamed and recorded by the City of Maple Ridge.
Council Meeting Agenda
October 2, 2018
Council Chamber
Page 2 of 6
600 DELEGATIONS
601 Agricultural Advisory Committee Food Garden Contest
• Recognition of Food Garden Contest Winners
602 Community Inclusion Month
• Deb Appleby, Community Council Member, Vancouver Coastal
Health, East Region
650 QUESTIONS FROM THE PUBLIC
Note: Questions from the Public are limited to 15 minutes unless extended by a
motion approved by the majority of Council. Each speaker is limited to 2
minutes at a time.
700 ITEMS ON CONSENT
701 Minutes
701.1 Minutes of the Development Agreements Committee Meeting of September
25, 2018
701.2 Minutes of Committees and Commissions of Council
• Active Transportation Advisory Committee – March 28 and July 25,
2018
• Public Art Steering Committee – June 26, 2018
702 Reports
703 Correspondence
704 Release of Items from Closed Council Status
800 UNFINISHED BUSINESS
900 CORRESPONDENCE
Council Meeting Agenda
October 2, 2018
Council Chamber
Page 3 of 6
1000 BYLAWS
Bylaws for Adoptions
1001 2016-191-RZ, 11939 240 Street
Maple Ridge Zone Amending Bylaw No. 7257-2016
Staff report dated October 2, 2018 recommending adoption
To rezone from CS-1 (Service Commercial) to C-2 (Community Commercial)
to permit construction of a multi-tenant commercial development
Adoption
1100 REPORTS AND RECOMMENDATIONS
Public Works and Development Services
1101 2018-323-AL, 23623 and 23451 Jim Robson Way, Application to Exclude
Land from the Agricultural Land Reserve
Staff report dated October 2, 2018 providing options for consideration
pertaining to Application 2018-323-AL to exclude 24.7 hectares (61 acres)
of land from the Agricultural Land Reserve.
1102 2018-242-RZ, 11265 243 Street, RS-3 to RM-1
Staff report dated October 2, 2018 recommending that Maple Ridge Zone
Amending Bylaw No. 7498-2018 to rezone from RS-3 (One Family Rural
Residential) to RM-1 (Townhouse Residential) to create a 16 unit
townhouse development with underground parking be given first reading
and that the applicant provide further information as described on
Schedules A, C, D, F and G of the Development Procedures Bylaw No.
5879-1999, along with information required for a Subdivision application.
1103 2017-390-RZ, 23084 and 23100 Lougheed Highway, RS-3 to RM-4
Staff report dated October 2, 2018 recommending that Maple Ridge
Official Community Plan Amending Bylaw No. 7499-2018 to revise the
boundary between Conservation and Urban Residential to fit site conditions
be given first and second reading and be forwarded to Public Hearing and
that Maple Ridge Zone Amending Bylaw No. 7442-2018 to rezone from RS-
3 (One Family Rural Residential) to RM-4 (Multiple Family Residential
District) to permit future construction of approximately 32 townhouse units
in six (6) buildings be given second reading and be forwarded to Public
Hearing.
Council Meeting Agenda
October 2, 2018
Council Chamber
Page 4 of 6
1104 Community Emergency Preparedness Fund Application
Staff report dated October 2, 2018 recommending that the application for
the Community Emergency Preparedness Fund (CEPF) 2018 Structural
Flood Mitigation Program project be supported.
1105 225 Street Sewage Pump Station Upgrades: Purchase of Flgyt Pumps
Staff report dated October 2, 2018 recommending that the contract for the
Sewage Pump Station: Pumps, Parts Service be awarded to Xylem Canada
Company and that the Corporate Officer be authorized to execute the
contract.
1106 Renewal of Recycle BC (formerly MMBC) Contract for Packaging and
Printed Paper
Staff report dated October 2, 2018 recommending that Recycle BC be
notified of the City’s intent to enter into a new five year agreement, that the
Corporate Officer be authorized to execute a finalized Statements of Work
and that a letter be sent to the Province requesting that Recycle BC
develop a fully-funded Packaging and Printed Paper Initiative for
Streetscape Collection.
1107 Increased Value to Contract ITT-EN18-37: Downtown Enhancement –
Loughheed Highway (224 Street to 226 Street)
Staff report dated October 2, 2018 recommending that the BA Blacktop
Ltd. contract for ITT-EN18-37: Downtown Enhancement – Loughheed
Highway (224 Street to 226 Street) be increased for the purchase of
ornamental streetlights and funding for property restoration.
1108 Maple Ridge Business Licencing and Regulation Amending Bylaw No.
7494-2018
Staff report dated October 2, 2018 recommending that Maple Ridge
Business Licencing and Regulation Amending Bylaw No. 7494-2018 to
ensure that definitions within the Business Licencing and Regulation Bylaw
special to the retail sale of non-medical cannabis match changes in the
Zoning Bylaw be given first, second and third readings.
Financial and Corporate Services (including Fire and Police)
1131 2018 Community Grants
Staff report dated October 2, 2018 recommending that the proposed
allocation of Community Grants be approved.
Council Meeting Agenda
October 2, 2018
Council Chamber
Page 5 of 6
1132 Revitalization Tax Exemption Agreements – Employment Lands Investment
Incentive Program
Staff report dated October 2, 2018 recommending that the Corporate
Officer be authorized to execute agreements with qualified property
owners.
Parks, Recreation & Culture
1151 Follow up to the Maple Ridge-Pitt Meadows Home Show Society Request
for Improvements at the Albion Fairgrounds
Staff report dated October 2, 2018 recommending that staff proceed with
civil design works at the Albion Fairgrounds and that the Financial Plan
Bylaw be amended to include funding from Accumulated Surplus for the
design and installation work.
Administration
1171
Other Committee Issues
1191
1200 STAFF REPORTS
1300 OTHER MATTERS DEEMED EXPEDIENT
October 3, 2018
11:30 a.m. to 2:00 p.m.
L.A.S.T. Community BBQ, Greg Moore Youth Centre, 11925
Haney Place, Maple Ridge, BC
Organizer: Life After School Transition Committee
October 12, 2018
6:00 p.m. to 8:00 p.m.
Golden Harvest, The ACT Arts Centre, 11944 Haney Place,
Maple Ridge, BC
Organizer: Maple Ridge Agricultural Advisory Committee
October 13, 2018
5:30 p.m.
Ridge Meadows Hospital Gala, Meadow Gardens Golf Club,
19675 Meadow Gardens Way, Pitt Meadows, BC
Organizer: Ridge Meadows Hospital Foundation
Council Meeting Agenda
October 2, 2018
Council Chamber
Page 6 of 6
1400 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING
1500 ADJOURNMENT
Checked by:________________
Date: ________________
QUESTIONS FROM THE PUBLIC
The purpose of the Question Period is to provide the public with an opportunity to
ask questions of Council on items that are of concern to them, with the exception of
Public Hearing bylaws which have not yet reached conclusion.
Council will not tolerate any derogatory remarks directed at Council or staff
members.
Each person will be permitted 2 minutes to ask their question (a second
opportunity is permitted if no one else is sitting in the chairs in front of the podium).
Questions must be directed to the Chair of the meeting and not to individual
members of Council. The total Question Period is limited to 15 minutes.
Council reserves the right to defer responding to a question in order to obtain the
information required to provide a complete and accurate response.
Other opportunities are available to address Council including public hearings,
delegations and community forum. The public may also make their views known to
Council by writing or via email and by attending open houses, workshops and
information meetings. Serving on an Advisory Committee is an excellent way to
have a voice in the future of this community.
For more information on these opportunities contact:
400 Adoption and Receipt of Minutes
400
401 Minutes of Regular and Special Council Meetings
401
City of Maple Ridge
SPECIAL COUNCIL MEETING MINUTES
September 18, 2018
The Minutes of the Special City Council Meeting held on September 18, 2018 at 5:30
p.m. in the Blaney Room of the City Hall, 11995 Haney Place, Maple Ridge, British
Columbia for the purpose of transacting regular City business.
0BPRESENT
Elected Officials Appointed Staff
Mayor N. Read P. Gill, Chief Administrative Officer
Councillor C. Bell K. Swift, General Manager of Parks, Recreation & Culture
Councillor Duncan D. Pollock, Acting General Manager of Public Works and
Councillor B. Masse Development Services
Councillor G. Robson L. Benson, Director of Corporate Administration
Councillor T. Shymkiw Other staff as required
Councillor C. Speirs L. Siracusa, Director of Economic Development and Civic
Property
Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca
1.0 CALL TO ORDER
2.0 APPROVAL OF THE AGENDA
R/2018-480
It was moved and seconded
That the agenda for the September 18, 2018 Special Council Meeting be
approved.
CARRIED
3.0 NOTICE OF CLOSED COUNCIL MEETING
R/2018-481
It was moved and seconded
That the meeting following this meeting be closed to the public pursuant to
Sections 90 (1) and 90 (2) of the Community Charter as the subject matter
being considered relates to the following:
1)Section 90(1)(i) The receipt of advice that is subject to solicitor-client
privilege, including communications necessary for that purpose; and
Special Council Meeting Minutes
June 26, 2018
Page 2 of 2
2) Any other matter that may be brought before the Council that meets
the requirements for a meeting closed to the public pursuant to
Sections 90 (1) and 90 (2) of the Community Charter or Freedom of
Information and Protection of Privacy Act.
CARRIED
4.0 ADJOURNMENT – 5:30 p.m.
_______________________________
N. Read, Mayor
Certified Correct
___________________________________
L. Benson, Corporate Officer
City of Maple Ridge
COUNCIL MEETING MINUTES
September 18, 2018
The Minutes of the City Council Meeting held on September 18, 2018 at 6:58 p.m. in
the Council Chamber of the City Hall, 11995 Haney Place, Maple Ridge, British
Columbia for the purpose of transacting regular City business.
0BPRESENT
Elected Officials Appointed Staff
Mayor N. Read P. Gill, Chief Administrative Officer
Councillor C. Bell K. Swift, General Manager of Parks, Recreation & Culture
Councillor K. Duncan D.Pollock, Acting General Manager Public Works and
Councillor B. Masse Development Services
Councillor G. Robson L. Benson, Director of Corporate Administration
Councillor T. Shymkiw T. Thompson, Chief Financial Officer
Councillor C. Speirs C. Carter, Director of Planning
A. Gaunt, Confidential Secretary
Other staff as required
C. Goddard, Manager of Development and Environmental
Services
D. Hall, Planner 2
Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca
The meeting was live streamed and recorded by the City of Maple Ridge
Note: Councillor Bell and Councillor Robson were not in attendance at the start of
the meeting.
100 CALL TO ORDER
200 AMENDMENTS TO THE AGENDA – Nil
Council Meeting Minutes
September 18, 2018
Page 2 of 18
300 APPROVAL OF THE AGENDA
R/2018-482
It was moved and seconded
That the agenda for the September 18, 2018 Council Meeting be
approved.
CARRIED
400 ADOPTION AND RECEIPT OF MINUTES
• Regular Council Meeting of July 24, 2018
• Special Council Meeting of August 7, 2018
• Council Workshop Meeting of September 4, 2018
R/2018-483
It was moved and seconded
That the minutes of the Regular Council Meeting of July 24, 2018, the
Special Council Meeting of August 7, 2018 and the Council Workshop
Meeting of September 4, 2018 be adopted as circulated.
CARRIED
500 PRESENTATIONS AT THE REQUEST OF COUNCIL
Note: Councillor Bell and Councillor Robson joined the meeting at 7:04 p.m.
501 Albion Community Centre Presentation
• Michael Millward, Facilities Operations Manager
• Justin Dyck, Architect AIBC, CHP Architects
The Facilities Operations Manager introduced the Albion Community Centre
Project and Justin Dyke, the Architect working on the project.
Justin Dyke
Mr. Dyke gave a PowerPoint presentation providing renderings of all
aspects of the new Albion Community Centre. He spoke on the overall site
plan, landscaping, interior finishes and the intent to achieve LEED Silver.
Mr. Dyke advised on the process schedule and timeline.
Council Meeting Minutes
September 18, 2018
Page 3 of 18
600 DELEGATIONS
601 Establishment of a Wellness Centre for Patients with Medical Cannabis
Licences and for Recreational Cannabis Use
•Charles Dunn
Mr. Dunn provided background on his involvement with the community of
Maple Ridge and outlined his work and medical history which led to his
involvement in the medical cannabis field. He spoke to the potential of
opening a wellness and retail store for cannabis in the community and
asked questions on allowable zoning and the opinions of members of
Council.
650 QUESTIONS FROM THE PUBLIC
Susanne Sloboda
Ms. Sloboda expressed concern with the removal of a laneway barricade
between Foreman Drive and 137 Avenue. She advised that residents are
requesting that the barricade be reinstated as a permanent fixture and
provided a petition pertaining to that request.
The Acting General Manager of Public Works and Development advised he
will meet with the residents for further discussion.
700 ITEMS ON CONSENT
701 Minutes
701.1 Development Agreements Committee Meetings of June 19 and June 24,
2018, July 27 and July 31, 2018, August 10, 14, 17, 21, and 28, 2018 and
September 4, 2018
701.2 Committees and Commissions of Council
•Advisory Design Panel – May 16, 2018
702 Reports
702.1 Disbursements for the month ended July 31, 2018
Staff report dated September 18, 2018 recommending that the
disbursements for the month ended July 31, 2018 be received for
information.
Council Meeting Minutes
September 18, 2018
Page 4 of 18
702.2 Disbursements for the month ended August 31, 2018
Staff report dated September 18, 2018 recommending that the
disbursements for the month ended August 31, 2018 be received for
information.
703 Correspondence – Nil
704 Release of Items from Closed Council Status
R/2018-484
It was moved and seconded
That Items 701.1, 701.2, 702.1, 702.2 and 704 on the “Items on
Consent” agenda be received into the record.
CARRIED
800 UNFINISHED BUSINESS – Nil
900 CORRESPONDENCE – Nil
1000 BYLAWS
Bylaws for Adoption
1001 Maple Ridge Development Cost Charges Imposition Bylaw No. 7320-2017
To impose Development Cost Charges
Adoption
R/2018-485
It was moved and seconded
That Maple Ridge Development Cost Charges Imposition Bylaw
No. 7320-2017be adopted.
CARRIED
Council Meeting Minutes
September 18, 2018
Page 5 of 18
1100 REPORTS AND RECOMMENDATIONS
Public Works and Development Services
1101 2018-093-RZ, 11780 Burnett Street, RS-1 to R-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7450-2018 to rezone from RS-1 (One Family
Urban Residential) to RT-1 (Two Family Urban Residential) to permit the
development of a duplex be rescinded and that Maple Ridge Zone
Amending Bylaw No. 7485-2018 to rezone from RS-1 (One Family Urban
Residential) to R-1 (Residential District) to allow subdivision into two single
family lots be given first reading and that the applicant provide further
information as described on Schedule B of the Development Procedures
Bylaw No. 5879-1999, along with a Subdivision application.
R/2018-486
It was moved and seconded
That Zone Amending Bylaw No. 7450-2018 be rescinded; and
That Zone Amending Bylaw No. 7485-2018 be given first reading; and
further
That the applicant provide further information as described on Schedule B
of the Development Procedures Bylaw No. 5879-1999, along with a
Subdivision application.
CARRIED
1102 2018-132-RZ, 12121 232 Street, RS-3 to R-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7491-2018 to rezone from RS-3 (One Family
Rural Residential) to R-1 (Residential District) to permit future subdivision
into approximately three single family lots be given first reading and that
the applicant provide further information as described on Schedule B of the
Development Procedures Bylaw No. 5879-1999, along with the information
required for a Subdivision application.
R/2018-487
It was moved and seconded
That Zone Amending Bylaw No. 7491-2018 be given first reading; and
further
Council Meeting Minutes
September 18, 2018
Page 6 of 18
That the applicant provide further information as described on Schedule B
of the Development Procedures Bylaw No. 5879-1999, along with the
information required for a Subdivision application.
CARRIED
1103 2018-301-RZ, 12294 Laity Street, RS-1 to R-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7486-2018 to rezone from RS-1 (One Family
Urban Residential) to R-1 (Residential District) to permit a 2 lot subdivision
of 2 single family residential lots be given first reading and that the
applicant provide further information as described on Schedules B and E of
the Development Procedures Bylaw No. 5879-1999, along with a
Subdivision application.
R/2018-488
It was moved and seconded
That Zone Amending Bylaw No. 7486-2018 be given first reading; and
further
That the applicant provide further information as described on Schedules B
and E of the Development Procedures Bylaw No. 5879-1999, along with a
Subdivision application.
CARRIED
1104 2017-319-RZ, 13589 232 Street, RS-3 to R-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Official Community Plan Amending Bylaw No. 7391-2017 to designate land
use from Eco Clusters to Conservation and Low/Medium Density
Residential be given first and second reading and be forwarded to Public
Hearing and that Maple Ridge Zone Amending Bylaw No. 7387-2017 to
rezone from RS-3 (One Family Rural Residential) to R-1 (Residential
District) to permit future subdivision of approximately 5 lots be given
second reading as amended and be forwarded to Public Hearing.
R/2018-489
It was moved and seconded
1)That, in accordance with Section 475 of the Local Government Act,
opportunity for early and on-going consultation has been provided by
way of posting Official Community Plan Amending Bylaw No. 7391-
2017 on the municipal website and requiring that the applicant host a
Development Information Meeting (DIM), and Council considers it
Council Meeting Minutes
September 18, 2018
Page 7 of 18
unnecessary to provide any further consultation opportunities, except
by way of holding a Public Hearing on the bylaw;
2)That Official Community Plan Amending Bylaw No. 7391-2017 be
considered in conjunction with the Capital Expenditure Plan and Waste
Management Plan;
3)That it be confirmed that Official Community Plan Amending Bylaw No.
7391-2017 is consistent with the Capital Expenditure Plan and Waste
Management Plan;
4)That Official Community Plan Amending Bylaw No. 7391-2017 be given
first and second readings and be forwarded to Public Hearing;
5)That Zone Amending Bylaw No. 7387-2017 be given second reading
as amended and be forwarded to Public Hearing; and
6)That the following terms and conditions be met prior to final reading:
i)Registration of a Rezoning Servicing Agreement as a Restrictive
Covenant and receipt of the deposit of a security, as outlined in the
Agreement;
ii)Amendment to Official Community Plan Schedule “A”, Chapter 10.3,
Part VI, A – Silver Valley, Figure 2 – Land Use Plan, Figure 3A – Blaney
Hamlet, and Figure 4 – Trails/Open Space;
iii)Road dedication on 136 Avenue and the new road, as required;
iv)Park dedication as required, including construction of a multi-purpose
trail; and removal of all debris and garbage from park land;
v)Registration of a Restrictive Covenant for the Geotechnical Report,
which addresses the suitability of the subject property for the proposed
development;
vi)Registration of a Restrictive Covenant for Tree Protection;
vii)Registration of a Restrictive Covenant for Stormwater Management;
viii)Removal of existing buildings;
ix)Notification to the Department of Fisheries and Oceans and the
Ministry of Environment for in-stream works on the site, if required;
x)In addition to the site profile, a disclosure statement must be submitted
by a Professional Engineer advising whether there is any evidence of
underground fuel storage tanks on the subject property. If so, a Stage
1 Site Investigation Report is required to ensure that the subject
property is not a contaminated site; and
xi)That a voluntary contribution, in the amount of $25,500.00
($5,100.00/lot) be provided in keeping with the Council Policy with
regard to Community Amenity Contributions.
CARRIED
Council Meeting Minutes
September 18, 2018
Page 8 of 18
1105 2017-434-RZ, 24364 112 Avenue, RS-3 to RS-1b
Staff report dated September 18, 2018 recommending that Maple Ridge
Official Community Plan Amending Bylaw No. 7488-2018 to amend the
conservation area boundary be given first and second reading and be
forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw
No. 7399-2017 to rezone from RS-3 (One Family Rural Residential) to
RS-1b (One Family Urban [Medium Density] Residential) to permit a
subdivision of approximately 15 (371 m2) lots be given second reading and
be forwarded to Public Hearing.
R/2018-490
It was moved and seconded
1) That, in accordance with Section 475 of the Local Government Act,
opportunity for early and on-going consultation has been provided by
way of posting Official Community Plan Amending Bylaw No. 7488-
2018 on the municipal website and requiring that the applicant host a
Development Information Meeting (DIM), and Council considers it
unnecessary to provide any further consultation opportunities, except
by way of holding a Public Hearing on the bylaw;
2) That Official Community Plan Amending Bylaw No. 7488-2018 be
considered in conjunction with the Capital Expenditure Plan and Waste
Management Plan;
3) That it be confirmed that Official Community Plan Amending Bylaw No.
7488-2018 is consistent with the Capital Expenditure Plan and Waste
Management Plan;
4) That Official Community Plan Amending Bylaw No. 7488-2018 be given
first and second readings and be forwarded to Public Hearing;
5) That Zone Amending Bylaw No. 7399-2017 be given second reading,
and be forwarded to Public Hearing; and
6) That the following terms and conditions be met prior to final reading:
i) Registration of a Rezoning Servicing Agreement as a Restrictive
Covenant and receipt of the deposit of a security, as outlined in the
Agreement;
ii) Amendment to Official Community Plan Schedule “A”, Chapter
10.2, Albion Area Plan, Schedule 1: Albion Area Plan and Schedule
“C”;
iii) Road dedication on 112 Avenue as required;
iv) Park dedication as required and removal of all debris and garbage
from park land
Council Meeting Minutes
September 18, 2018
Page 9 of 18
v) Registration of a Restrictive Covenant for the Geotechnical Report,
which addresses the suitability of the subject property for the
proposed development;
vi) Registration of a Restrictive Covenant for the protection of the
Environmentally Sensitive areas (wetlands) on the subject property;
vii) Registration of a Statutory Right-of-Way plan and agreement for a
watermain;
viii) Registration of multi Restrictive Covenants for Tree Protection,
Geotechnical, Habitation and Restoration Plan and Stormwater
Management;
ix) Removal of existing building/s;
In addition to the site profile, a disclosure statement must be
submitted by a Professional Engineer advising whether there is any
evidence of underground fuel storage tanks on the subject
property. If so, a Stage 1 Site Investigation Report is required to
ensure that the subject property is not a contaminated site; and
x) That a voluntary contribution, in the amount of $76,500.00
($5,100.00 per lot x 15 lots) be provided in keeping with the
Council Policy with regard to Community Amenity Contributions.
xi) Payment of the Density Bonus provision of the RS-1b (One Family
Urban [Medium Density] Residential) zone, in the amount of
$46,500.00 ($3,100.00 per lot x 15 lots.
CARRIED
1106 2016-176-RZ, 23710 133 Avenue, RS-3 to RM-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7259-2016 to rezone from RS-3 (One Family
Rural Residential) to RM-1 (Townhouse Residential) to permit future
development of 16 townhouse units be given second reading and be
forwarded to Public Hearing.
R/2018-491
It was moved and seconded
1) That Zone Amending Bylaw No. 7259-2016 be given second reading
and be forwarded to Public Hearing; and
2) That the following terms and conditions be met prior to final reading:
i. Registration of a Rezoning Servicing Agreement as a Restrictive
Covenant and receipt of the deposit of a security, as outlined in
the Agreement;
Council Meeting Minutes
September 18, 2018
Page 10 of 18
ii.Registration of a Restrictive Covenant for the Geotechnical
Report, which addresses the suitability of the subject property for
the proposed development;
iii.Registration of a Restrictive Covenant for Visitor Parking;
iv.Registration of a Restrictive Covenant for Stormwater
Management;
v.Registration of a Restrictive Covenant for a private Sanitary
Pump;
vi.Notification to the Department of Fisheries and Oceans and the
Ministry of Environment for in-stream works on the site;
vii.In addition to the site profile, a disclosure statement must be
submitted by a Professional Engineer advising whether there is
any evidence of underground fuel storage tanks on the subject
property. If so, a Stage 1 Investigation Report is required to
ensure that the subject property is not a contaminated site; and
viii.That a voluntary contribution be provided in keeping with the
Council Policy 6.31 with regard to Community Amenity
Contributions.
CARRIED
1107 2017-271-RZ, 11970 Glenhurst Street, RS-3 to RT-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7361-2017 to rezone from RS-3 (One Family
Rural Residential) to RT-1 (Two Family Urban Residential) to permit
construction of a duplex be given second reading and be forwarded to
Public Hearing.
R/2018-492
It was moved and seconded
1)That Zone Amending Bylaw No. 7361-2017 be given second reading
and be forwarded to Public Hearing; and
2)That the following terms and conditions be met prior to final reading:
i.Registration of a Rezoning Servicing Agreement as a Restrictive
Covenant and receipt of the deposit of a security, as outlined in
the Agreement;
ii.Road dedication on Glenhurst Street as required;
iii.Registration of a Restrictive Covenant for Duplex Design;
iv.Registration of a Restrictive Covenant for On-Site Stormwater
Management;
v.Removal of existing building/s;
vi.Notification to the Ministry of Environment for ditch infill works, if
required;
Council Meeting Minutes
September 18, 2018
Page 11 of 18
vii.In addition to the site profile, a disclosure statement must be
submitted by a Professional Engineer advising whether there is
any evidence of underground fuel storage tanks on the subject
property. If so, a Stage 1 Investigation Report is required to
ensure that the subject property is not a contaminated site; and
viii.That a voluntary contribution, in the amount of $4,100.00 be
provided in keeping with the Council Policy with regard to
Community Amenity Contributions.
CARRIED
1108 2017-320-RZ, 12327 203 Street, RS-1 to R-1
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7380-2017 to rezone from RS-1 (One Family
Urban Residential) to R-1 (Residential District) to permit a future
subdivision of approximately 2 lots be given second reading and be
forwarded to Public Hearing.
R/2018-493
It was moved and seconded
1)That Zone Amending Bylaw No. 7380-2017 be given second reading
and be forwarded to Public Hearing; and
2)That the following terms and conditions be met prior to final reading:
i.Approval from the Ministry of Transportation and Infrastructure;
ii.Road dedication on 203 Street and 123 Avenue as required;
iii.Registration of a Restrictive Covenant for Stormwater
Management;
iv.Removal of existing building/s;
v.In addition to the site profile, a disclosure statement must be
submitted by a Professional Engineer advising whether there is
any evidence of underground fuel storage tanks on the subject
property. If so, a Stage 1 Investigation Report is required to
ensure that the subject property is not a contaminated site; and
vi.That a voluntary contribution, in the amount of $5,100.00 be
provided in keeping with the Council Policy with regard to
Community Amenity Contributions.
CARRIED
Note: Councillor Duncan excused herself from discussion of Item 1109 at 7:57
p.m. citing that she has left during discussion of the item at an earlier date.
Council Meeting Minutes
September 18, 2018
Page 12 of 18
1109 2015-297-RZ, 23070 Lougheed Highway, Housing Agreement
Staff report dated September 18, 2018 recommending that 23070
Lougheed Highway Housing Agreement Bylaw No. 7332-2017 be given
second and third reading as amended.
R/2018-494
It was moved and seconded
That 23070 Lougheed Highway Housing Agreement Bylaw No. 7332-2017
be given second and third reading as amended.
CARRIED
Note: Councillor Duncan returned to the meeting at 7:57 p.m.
1110 2018-218-RZ, Zoning Bylaw Amendments for Auto Wrecking Services
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7455-2018 to prohibit auto wrecking services in
the M-2 (General Industrial) zone be given first and second reading and be
forwarded to Public Hearing.
R/2018-495
It was moved and seconded
That Zone Amending Bylaw No. 7455-2018 be given first and second
reading and be forwarded to Public Hearing.
CARRIED
1111 2018-320-RZ, Zoning Bylaw Amendments for Cannabis Retail Sales
Staff report dated September 18, 2018 recommending that Maple Ridge
Zone Amending Bylaw No. 7487-2018 to direct retail sales of non-medical
cannabis be given first and second reading and be forwarded to Public
Hearing.
MAIN MOTION
R/2018-496
It was moved and seconded
That Zone Amending Bylaw No. 7487-2018 be given first and second
reading and be forwarded to Public Hearing.
Council Meeting Minutes
September 18, 2018
Page 13 of 18
D. Hall, Planner provided a PowerPoint presentation prior to the vote on the
item. She outlined federal packaging rules and referred to the provincial
government retail outline speaking to zoning.
AMENDMENT TO MOTION
R/2018-497
It was moved and seconded
That the text “or ingesting” be removed from Part 2 of the bylaw.
AMENDMENT DEFEATED
Mayor Read, Councillor Bell, Councillor Masse, Councillor Robson,
Councillor Speirs – OPPOSED
Question on the main motion
The question was called on the Main Motion.
MAIN MOTION CARRIED
Councillor Shymkiw - OPPOSED
1112 2018 Storm and Sanitary Sewer Closed Circuit Television (CCTV) Program
Staff report dated September 18, 2018 recommending that Contract ITT-
OP18-63, 2018 Storm and Sanitary Sewer CCTV Program be awarded to
1051735 BC Ltd./DBA C3 Mainline Inspection Services Inc. and that the
Corporate Officer be authorized to execute the contract.
R/2018-498
It was moved and seconded
That Contract ITT-OP18-63, 2018 Storm and Sanitary Sewer CCTV Program,
be awarded to 1051735 BC Ltd./DBA C3 Mainline Inspection Services Inc.
in the amount of $227,744.00, excluding taxes; and further
That the Corporate Officer be authorized to execute the contract.
CARRIED
1113 Solid Waste Request for Proposal
Staff report dated September 18, 2018 providing information on a Request
for Proposal (RFP) issued to establish an annual cost per household for
solid waste curbside collection.
Council Meeting Minutes
September 18, 2018
Page 14 of 18
The Municipal Engineer gave a PowerPoint presentation providing the
following information:
• RFP process
• RFP submissions received
• Outstanding issue of setting of annual charge of upcoming
plebiscite
• Details on the RFP
• RFP findings
• Elements of an Annual Charge
• Determination of Rates for Implementation
Note: Councillor Duncan left the meeting at 8:43 p.m.
• Comparison of Rates in other Municipalities
• Suggested Charge of $270 for Maple Ridge for purpose of
plebiscite
• Private Hauler Rates in Maple Ridge
• Summary
Note: Councillor Duncan returned to the meeting at 8:50 p.m.
R/2018-499
It was moved and seconded
That discussion of Request for Proposals received be moved into a Closed
Council Meeting.
DEFEATED
Councillor Robson, Councillor Speirs – OPPOSED
Note: The motion to move into a Closed Council meeting was defeated as notice
of a special council meeting was not waived by unanimous consent of all
Council members as per Section 127(4) of the Community Charter
R/2018-500
It was moved and seconded
That the staff report dated September 18, 2018 titled “Solid Waste
Request for Proposal” be received into the record.
CARRIED
Council Meeting Minutes
September 18, 2018
Page 15 of 18
Financial and Corporate Services (including Fire and Police)
1131 Solid Waste Curbside Collection Plebiscite
Staff report dated September 18, 2018 recommending wording for the
non-binding plebiscite question on Solid Waste Curbside Collection and
that supplemental information be included with the plebiscite ballot.
MAIN MOTION
R/2018-501
It was moved and seconded
That the non-binding plebiscite question on Solid Waste Curbside Collection
for the October 2018 general local election be a Yes or No response to the
following statement:
“I support paying $270 per year per household for the following
service:
• Kitchen scraps and green waste curbside collection – weekly pickup;
• Garbage curbside collection – biweekly (every two weeks) pickup;
• One set of totes/cans per household included”; and further
That the non-binding plebiscite ballot include the supplemental information
on the sample ballot attached to the September 18, 2018 report titled
“Solid Waste Curbside Collection Plebiscite.”
MOTION TO AMEND MAIN MOTION
R/2018-502
It was moved and seconded
That the text “I support paying $270 per year per household for the
following service:” be amended to read “I support paying up to $247 per
year per household for the following service:”
AMENDMENT DEFEATED
Mayor Read, Councillor Duncan, Councillor Robson, Councillor Shymkiw,
Councillor Speirs - OPPOSED
Council Meeting Minutes
September 18, 2018
Page 16 of 18
MOTION TO AMEND MAIN MOTION
R/2018-503
It was moved and seconded
That the text “up to” be added prior to the text “$270”.
AMENDMENT CARRIED
MOTION AS AMENDED CARRIED
Councillor Duncan, Councillor Robson, Councillor Speirs – OPPOSED
MOTION TO AMEND MAIN MOTION
R/2018-504
It was moved and seconded
That the phrase “Twice annual large item pickup” be added to the bullet
list.
AMENDMENT CARRIED
MOTION AS AMENDED CARRIED
Councillor Duncan, Councillor Speirs – OPPOSED
Question on the main motion
The question was then called on the Main Motion as amended.
CARRIED AS AMENDED
MAIN MOTION AS AMENDED
That the non-binding plebiscite question on Solid Waste Curbside Collection
for the October 2018 general local election be a Yes or No response to the
following statement:
“I support paying up to $270 per year per household for the following
service:
• Kitchen scraps and green waste curbside collection – weekly pickup;
• Garbage curbside collection – biweekly (every two weeks) pickup;
• One set of totes/cans per household included”;
• Large item pickup – twice per year; and further
That the non-binding plebiscite ballot include the supplemental information
on the sample ballot attached to the September 18, 2018 report titled
“Solid Waste Curbside Collection Plebiscite.”
Council Meeting Minutes
September 18, 2018
Page 17 of 18
Parks, Recreation & Culture – Nil
Administration
1171 Train Whistle Cessation in Maple Ridge
Staff report dated September 18, 2018 recommending that the use of
railway whistles be prohibited at public railway crossings in Maple Ridge
located at Maple Meadows Way (Milepost 106.2), 113B Avenue (Milepost
105.61), Lorne Avenue (Milepost 105.32), 224 Street/Port Haney Wharf
(Milepost 203.8), River Road/Tamarack Lane (Milepost 101.47), 240
Street (Milepost 99.76) and 287 Street (Milepost 93.8) unless an
emergency exists or rules of the Railway Safety Act require whistle use or a
railway safety inspector orders whistle use.
R/2018-505
It was moved and seconded
That pursuant to Section 23.1 of the Railway Safety Act, Council hereby
resolves that the use of train whistles be prohibited at the following public
railway crossings in Maple Ridge:
• Maple Meadows Way (Milepost 106.2);
• 113B Avenue (Milepost 105.61);
• Lorne Avenue (Milepost 105.32);
• Ditton Street (Milepost 105.21);
• 224 Street/Port Haney Wharf (Milepost 102.8);
• River Road/Tamarack Lane (Milepost 101.47);
• 240 Street (Milepost 99.76);
• 287 Street (Milepost 93.8);
Unless:
a) An emergency exists; or
b) Rules in force under Section 19 or 20 of the Railway Safety Act require
whistle use; or a railway safety inspector orders whistle use under
Section 31 of the Railway Safety Act.
CARRIED
Councillor Duncan - OPPOSED
Council Meeting Minutes
September 18, 2018
Page 18 of 18
1172 Pitt Meadows Airport Society – Permanent Board of Directors
Staff report dated September 18, 2018 recommending that applications be
sought for four members for the Pitt Meadows Airport Society Board of
Directors.
R/2018-506
It was moved and seconded
That applications be sought for four (4) members for the Pitt Meadows
Airport Society Board of Directors, based on the process outlined in this
report.
CARRIED
Other Committee Issues – Nil
1200 STAFF REPORTS – Nil
1300 OTHER MATTERS DEEMED EXPEDIENT – Nil
1400 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS
Councillor Bell gave notice that she will be bringing forward a motion at the
September 25, 2018 Council Meeting requesting that staff provide a report
on a rental bylaw recommendation by the Provincial Government.
1500 ADJOURNMENT – 10:02 p.m.
_______________________________
N. Read, Mayor
Certified Correct
___________________________________
L. Benson, Corporate Officer
402 Minutes of the Public Hearing
402
City of Maple Ridge
PUBLIC HEARING
September 18, 2018
The Minutes of the Public Hearing held in the Council Chamber of City Hall, 11995 Haney
Place, Maple Ridge, British Columbia on September 18, 2018 at 6:00 p.m.
____________________________________________________________________________
PRESENT
Elected Officials Appointed Staff
Mayor N. Read P. Gill, Chief Administrative Officer
Councillor C. Bell D. Pollock, Acting General Manager of Public Works and
Councillor K. Duncan Development
Councillor B. Masse C. Carter, Director of Planning
Councillor G. Robson C. Goddard, Manager of Development and Environmental
Councillor T. Shymkiw Services
Councillor C. Speirs L. Benson, Corporate Officer
A. Gaunt, Confidential Secretary
Other staff as required
B. Elliott, Manager of Community Planning
C. Chan, Planner 1
A. Kopystynski, Planner 2
M. Van Dop, Deputy Fire Chief
______________________________________________________________________________
Mayor Read called the meeting to order. The Corporate Officer explained the procedure and
rules of order of the Public Hearing and advised that the bylaws will be considered further at
the next Council Meeting on September 25, 2018.
The Mayor then called upon Planning Department staff to present the following items on the
agenda:
1)2013-117-RZ. 12182 228 Street
Lot 1 Except: Firstly: The North 75 Feet and Secondly: Part Subdivided by
Plan 44214; Section 20 Township 12 New Westminster District Plan 4836
Maple Ridge Zone Amending Bylaw No. 7055-2014
To rezone from RS-1 (One Family Urban Residential) to R-3 (Special amenity
Residential District). The current application is to permit a future subdivision of
approximately 3 lots.
The Corporate Officer advised that 64 letters were mailed out and that no correspondence
was received on this item.
Public Hearing Minutes
September 18, 2018
Page 2 of 7
The Manager of Development and Environmental Services gave a PowerPoint presentation
providing the following information:
• Application Information
• Subject Map
• Official Community Plan Context
• Neighbourhood Context
• Site Characteristics
• Development Proposal
• Proposed Subdivision Plan
• Terms and Conditions
The Mayor called for speakers three times.
There being no comment, the Mayor declared this item dealt with.
2) 2017-221-RZ, 22032 119 Avenue
Lot 56 District Lot 397 Group 1 New Westminster District Plan 14049
Maple Ridge Zone Amending Bylaw No. 7355-2017
To rezone from RS-1 (One Family Urban Residential) to RT-2 (Ground-Oriented
Residential Infill). The current application is to permit the future construction of a triplex.
The Corporate Officer advised that 31 letters were mailed out and that no correspondence
was received on this item.
C. Chan, Planner gave a PowerPoint presentation providing the following information:
• Application Information
• Subject Map
• Official Community Plan Context
• Neighbourhood Plan Context
• Site Characteristics
• Development Proposal
• Renderings, Images and Perspectives
• Proposed Site Plan
• Perspectives of Front and Back Renderings
• Landscape Sections
• Terms and Conditions
The Mayor called for speakers three times.
There being no comment, the Mayor declared this item dealt with.
Public Hearing Minutes
September 18, 2018
Page 3 of 7
3)2017-331-RZ, 12260 Laity Street
Lot 12 District Lot 248 Group 1 New Westminster District Plan LMP11733
Maple Ridge Zone Amending Bylaw No. 7385-2017
To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban
(Medium Density) Residential). The current application is to permit the future
subdivision of approximately 3 lots.
The Corporate Officer advised 47 letters were mailed out and that two correspondence
items with comments on the proposal application were received.
The Manager of Development and Environmental Services gave a PowerPoint presentation
providing the following information:
•Application Information
•Subject Map
•Official Community Plan Context
•Neighbourhood Plan Context
•Site Characteristics
•Development Proposal
•Proposed Subdivision Plan
•Terms and Conditions
The Mayor called for speakers three times.
There being no comment, the Mayor declared this item dealt with.
4)2017-031-RZ, 21333 River Road
Lot 49 District Lot 248 Group 1 New Westminster District Plan 27106
Maple Ridge Zone Amending Bylaw No. 7348-2017
To rezone from RS-1 (One Family Urban Residential) to RT-2 (Ground-Oriented
Residential Infill). The current application is to permit future construction of
approximately 4 units.
The Corporate Officer advised 26 letters were mailed out and that no correspondence was
received on this item.
The Manager of Development and Environmental Services gave a power point presentation
providing the following information:
•Application Information
•Subject Map
•Official Community Plan Context
•Neighbourhood Plan Context
Public Hearing Minutes
September 18, 2018
Page 4 of 7
• Site Characteristics
• Development Proposal
• Rendering
• Proposed Site Plan
• Elevations
• Terms and Conditions
The Mayor called for speakers three times.
There being no comment, the Mayor declared this item dealt with.
5) 2017-233-RZ
Maple Ridge Official Community Plan Amending Bylaw No. 7349-2017
To amend the Maple Ridge Official Community Plan to implement the triplex, fourplex
and courtyard housing forms.
Maple Ridge Zone Amending Bylaw No. 7312-2017
To amend the Maple Ridge Zoning Bylaw to create a new RT-2(Ground-Oriented
Residential Infill) zone to implement the triplex, fourplex and courtyard housing forms
Off Street Parking and Loading Amending Bylaw No. 7350-2017
To amend the Maple Ridge Off Street Parking and Loading Bylaw to implement the
triplex, fourplex and courtyard forms. The current application is to create a new RT-2
(Ground-Oriented Residential Infill) zone.
The Corporate Officer advised that no correspondence was received on this item.
C. Chan, Planner gave a power point presentation providing the following information:
• Background
• Changes to RT-2 Zone since first reading
• Draft RT-2 Zone Requirements
• Terms and Conditions
The Mayor called for speakers on first call.
Kevin Urbas
Mr. Urbas identified himself as working in development and design in the community. He
expressed concern with the proposed change to height restrictions from 11 m to 9.5 m. He
stated that there are existing 11 m high buildings in the area and proposed that
consideration be given to allowing new buildings beside existing buildings which are 11 m
high to also be of that height. He feels that the allowable height should remain at 11 m.
Public Hearing Minutes
September 18, 2018
Page 5 of 7
The Mayor called for speakers on second and third call.
There being no further comment, the Mayor declared this item dealt with.
6)2012-023-RZ, 11240 238 Street
Parcel “P” (Reference Plan 1224) Of The South East Quarter Section 16, Township 12
New Westminster District, Except Plan EPP62575
Maple Ridge Official Community Plan Amending Bylaw No. 7482-2018
To amend Schedule “B” from Park and Conservation to Institutional and Conservation
To amend Schedule “C” to Add to Conservation.
Maple Ridge Zone Amending Bylaw No. 7313-2017
To rezone from RS-3 (One Family Rural Residential) to P-6 (Civic Institutional).
That Part 2, INTERPERTATION, CIVIC is hereby amended by
The addition of the word “park” following the words “golf courses and firehalls”.
That Part 9, INSTITUTIONAL ZONES, Section 901 PERMITTED USES OF LAND,
BUILDINGS AND STRUCTURES IN INSTITUTIONAL ZONES , PERMITTED USE is hereby
amended by replacing “Civic Institutional” with “Civic”;
The current application is to permit the future construction of Fire Hall No. 4.
The Corporate Officer advised that 306 letters were mailed and that one letter expressing
opposition to the proposal in terms of noise, hours of operation and location of this type of
facility in a high density neighbourhood was received.
The Manager of Development and Environmental Services gave a PowerPoint presentation
providing the following information:
•Application Information
•Subject Map
•Official Community Plan Context
•Neighbourhood Context
•Site Characteristics
•Development Proposal
•Proposed Site Plan
•Proposed Site Plan Legend
•Application History
•Site Selection Process
•Terms and Conditions
Public Hearing Minutes
September 18, 2018
Page 6 of 7
The Assistant Fire Chief gave a PowerPoint presentation providing the following information:
• Operation and Design Synopsis
• Service Area and Priorities
• Operations
• Design Elements and Mitigation through Design
Note: Councillor Shymkiw joined the meeting at 6:37 p.m.
The Mayor called for speakers on first call.
Jeff Johansen
Mr. Johansen spoke in opposition to the application. He expressed concern with the
rezoning of the property to allow for an industrial operation which will impact a
neighbourhood comprised of young families with noise resulting from training on the site
and from fire calls. He stated he is not opposed to a fire hall in the area, however, he feels
other sites have not been considered and will be more suitable.
The Mayor called for speakers on second and third call.
There being no further comment, the Mayor declared this item dealt with.
7) 2015-373-RZ, 23616 132 Avenue
Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East Quarter Section 28
Township 12 New Westminster District Plan 2637
Maple Ridge Official Community Plan Amending Bylaw No. 7469-2018
Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, is
hereby amended from Medium/High Density Residential and Conservation to
Conservation/Low Density Urban and Medium/High Density Residential
Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 4 – Trails / Open Space is
hereby amended To Add To Conservation and To Remove From Conservation
Maple Ridge Zone Amending Bylaw No. 7195-2015
To rezone from RS-2 (One Family Suburban Residential) to RM-1 (Townhouse
Residential) and R-1 (Residential District). The current application is to permit a 16
unit townhouse project and one lot accommodating an existing single residential
dwelling.
The Corporate Officer advised 103 letters were mailed and that no correspondence was
received on this item.
Public Hearing Minutes
September 18, 2018
Page 7 of 7
A. Kopystynski, Planner gave a PowerPoint presentation providing the following information:
• Application Information
• Subject Map
• Official Community Plan Context
• Neighbourhood Plan Context
• Site Characteristics
• Development Proposal
• 236 Street Rendering (facing west)
• 132 Street Rendering
• Proposed Site Plan
• Elevations
• Landscape Plan
• Terms and Conditions
The Mayor called for speakers three times.
There being no comment, the Mayor declared this item dealt with.
Having given all those persons whose interests were deemed affected by the matters
contained herein a chance to be heard, the Mayor adjourned the Public Hearing at 6:50 p.m.
____________________________
N. Read, Mayor
Certified Correct
______________________________
L. Benson, Corporate Officer
700 ITEMS ON CONSENT
700
701 Minutes
701
701.1 Development Agreements Committee
701.1
701.2 Minutes of Meetings of Committees and Commissions of Council
701.2
1000 Bylaws
1000
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 2016-191-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Final Reading:
Zone Amending Bylaw No. 7257-2016
11939 240 Street
EXECUTIVE SUMMARY:
Bylaw 7257-2016 has been considered by Council and at Public Hearing and subsequently was
granted Third Reading. The applicant has requested that Final Reading be granted. The purpose of
the rezoning is to permit the construction of a commercial development in the C-2 Community
Commercial zone.
Council granted first reading for Zone Amending Bylaw No. 7257-2016 on July 4, 2016, and second
reading for Zone Amending Bylaw No. 7257-2016 on October 24, 2017. This application was
presented at Public Hearing on November 21, 2017, and Council granted third reading on November
28, 2017.
RECOMMENDATION:
That Zone Amending Bylaw No. 7257-2016 be adopted.
DISCUSSION:
a)Background Context:
Council considered this rezoning application at a Public Hearing held on November 21, 2017. On
April 12, 2018 Council granted Third Reading to Zone Amending Bylaw No. 7257-2016 with the
stipulation that the following conditions be addressed:
i)Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the
deposit of a security, as outlined in the Agreement;
ii)Road dedication on 240th Street as required;
iii)Registration of a Statutory Right-of-Way plan and agreement for pedestrian access from the
south end of the site;
iv) Registration of a Reciprocal Cross Access Easement Agreement;
v)Registration of a Restrictive Covenant for the Stormwater Management Plan
1001
-2 -
vi) Removal of existing buildings;
vii) Receipt of a Certificate of Compliance from the Ministry of Environment and Climate
Change Strategy noting conformance with applicable environmental quality standards in
the Regulation;
The following applies to the above:
1.Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of
the deposit of a security, as outlined in the Agreement; A letter of undertaking from the
applicant’s legal counsel has been provided along with required securities;
2.Road dedication on 240th Street as required; A letter of undertaking from the applicant’s
legal counsel has been provided along with revised legal plan showing road dedication;
3.Registration of a Statutory Right-of-Way plan and agreement for pedestrian access from the
south end of the site; There was neighbourhood opposition to this requirement, expressed
at the Development Information Meeting and at Public Hearing. It has since been
determined that the need for pedestrian access would be served by the sidewalk along
240th Street, and the walkways within the proposed development. It is therefore
recommended that this requirement be removed as a condition of rezoning;
4.Registration of a Reciprocal Cross Access Easement Agreement; A signed copy of the
Reciprocal Access Agreement along with a letter of undertaking has been provided by the
applicant;
5.Registration of a Restrictive Covenant for the Stormwater Management Plan: This
requirement will be dealt with at the building permit stage;
6.Removal of existing buildings; The site is vacant; and
7.Receipt of a Certificate of Compliance from the Ministry of Environment and Climate
Change Strategy noting conformance with applicable environmental quality standards in
the Regulation; The Ministry of Environment and Climate Change Strategy has provided a
letter of assurance, dated August 17, 2017, that authorizes the City of Maple Ridge to
approve the rezoning and development applications required to advance this proposal.
-3 -
CONCLUSION:
As the applicant has met Council’s conditions, it is recommended that Final Reading be given to
Zone Amending Bylaw No. 7257-2016. The accompanying Development Permit and Development
Variance Permit will be before Council in the near future.
“Original signed by Diana Hall”
_______________________________________________
Prepared by: Diana Hall, MA, MCIP, RPP
Planner 2
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Bylaw No.7257-2016
Appendix C – Site Plan
DATE: Jun 3, 20162016-191-RZ BY: JV
PLANNING DEPARTMENT
SUBJECT PROPERTY
Dewdney Trunk Rd
´
Scale: 1:2,500
11939 240 StLegend
Stream
Indefinite Creek
River Centreline
Major Rivers & Lakes
APPENDIX A
CITY OF MAPLE RIDGE
BYLAW NO. 7257-2016
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7257-2016."
2.That parcel or tract of land and premises known and described as:
South Half Lot 1 Section 16 Township 12 New Westminster District Plan 1676
and outlined in heavy black line on Map No. 1681 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to C-2 (Community Commercial).
3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 12th day of July, 2016.
READ a second time the 24th day of October, 2017.
PUBLIC HEARING held the 21st day of November, 2017.
READ a third time the 28th day of November, 2017.
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
APPENDIX B
240 ST.119B AVE.
119A AVE.239 ST.DEWDNEY TRUNK RD.LANE118A AVE.239 ST.119 AVE.2393811966
2385511875
2395523892118452388223962
11840
11868 23895238312388911939
11918
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11980
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11930
11968
2397911856
2389811893
23970238802399
4
11869
119242388123894
2389711852
11954
238932392011828
11950
11857
2398111948
11972
11922/54
23886118212396211913 2407223996
23957239832393223860238132
3
9
9
2
11829
118612387911877
23928239712386723908238912389811804
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11940
11960
11936
11816
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11888
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239671190123942
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239532392223925240092403611907
26
6
34
Rem
7
4
5
27
46
7
5
4
4
N1/2
13
S 1/2
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7
6
14
39
5
6
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33
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22
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4
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Rem15
2
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6
Rem A
Rem
12
Rem A
31
52
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24
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4
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3
Rem 21
3
5
42
11 7
P 7893
LMP 1144 EP 12537LMP 18051
18051 LMP 18051P 1676
P 1676
LMP
P 1973
LMP
LMP 18051
LMP 18051
LMP 18051P 67082
P 23165
P 7893
P 83677P 7528EP 11375
LMP 18051
1144
(P 21864)
LMP 806
LMP 1641
LMP 1641
BCP 45642P 76536P 7893
LMP 33117P 88032
LMS2315LMP 14766P 25968P 20898P 7893
P 86310
RP 13881LMP 18051
RW
8
3
6
7
8
BCP 45643
LMP 30401
RP 85321
RP 57056BCP 7213LMP 29899RW 83679RW 86310 LMP 54074
LMP 33118RW 30273
LMP 1145
LMP 1642 BCP 41049BCP 7213
LMP 38196
LMP 33118RP 84994
DEWDNEY TRUNK RD.
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SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
CS-1 (Service Commercial)
C-2 (Community Commercial)
7257-20161681
Urban Area Boundary
Urban Area Boundary
Site Plan APPENDIX C
1100 Reports and Recommendations
1100
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 2018-323-AL
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Application to Exclude Land from the Agricultural Land Reserve
23623 & 23451 Jim Robson Way.
EXECUTIVE SUMMARY:
An application has been received under Section 30 (1) of the Agricultural Land Commission Act to
exclude 2 contiguous properties from the Agricultural Land Reserve (ALR). The combined lot size is
24.7 hectares (61 acres). The Applicant’s submission conforms with the notice of application
requirements of the Agricultural Land Commission.
Both subject properties are within the Albion Flats, and were included in the study area for the Albion
Flats Concept Plan. The Concept Plan proposed the exclusion of the Albion Flats from the Agricultural
Land Reserve, and the conversion of the properties to other community serving land uses. The
Commission’s response to the Concept Plan, made in November, 2011, conditionally supported the
exclusion of lands south of Jim Robson Way, provided that the properties to the north of Jim Robson
Way were rehabilitated and retained in the Agricultural Land Reserve. Both subject properties were
therefore to remain in the Agricultural Land Reserve.
Although the Commission did not support the exclusion of the subject properties, subsequently, in
2012 Council authorized exclusion applications for both parcels to proceed to the Commission. The
accompanying staff report provided a rationale for forwarding both applications on the basis that the
property owners would then be given the opportunity for a direct audience with the Commission. The
report noted that “there may be a sense that the Agricultural Land Commission’s decision would
bring clarity and certainty to the issue.”
Both exclusion applications were subsequently denied by the Commission. The property owner at
23451 Jim Robson Way sought reconsideration from the Commission. The Commission’s response
to this reconsideration request, dated August 13, 2014, states:
Based on the information presented in the current application, the Commission believes that
its 2011 stipulation for preparation and implementation of an agricultural remedial action
plan is still the appropriate course of action, but with soil reclamation now added to the
former list of issues.
The Commission also notes that a “revised proposal does not constitute new evidence and a s such
is not a basis for reconsideration”. As the applicant proposed revisions, it was understood a new
application for exclusion would be required prior to further review and another decision by the
Commission. This current application proposes to convert both properties for light industrial
development. Details are discussed later in this report and are attached as Appendix C.
This report summarizes of the history of the Albion Flats Area Plan, and the direction the Agricultural
Land Commission provided for Council’s consideration. The recommendations of this report are in
accordance with Council direction for exclusion applications.
1101
- 2 -
RECOMMENDATION:
The following resolutions are provided for Council’s consideration:
a)That the application not be authorized to go forward to the Agricultural Land Commission;
b)That the application be authorized to go forward to the Agricultural Land Commission with a
summary of Council’s comments and the staff report.
DISCUSSION:
a)Background Context:
Applicant: Sherry Gordon Your Land Development and
Research Solutions
Legal Description: Lot A; BLK 18; DL 275; NWD; PL NWP9652 &
Lot: B; BLK 18; DL 275; NWD; PL NWP9652
OCP : Existing: Agricultural
Zoning: Existing: RS-3 One Family Rural Residential
Surrounding Uses
North: Use: Single Family Urban Residential
Zone: RS1-b One Family Urban Residential
Designation Urban Residential
South: Use: Vacant, Rural Residential
Zone: RS-3 One Family Rural Residential
Designation: Agricultural
East: Use: Park, Agricultural Events, Special Events
Zone: CD-4-88
Designation: Agricultural, PIA (Park In The ALR)
West: Use: Park and Vacant
Zone: RS-3 One Family Rural Residential
Designation: Agricultural, PIA (Park In The ALR)
Existing Use of Property: One of the subject properties has farm status.
Proposed Use of Property: Eco-Industrial Business Park
Site Area: 24.7 hectares (61 acres)
Access: Jim Robson Way.
b)Project Description:
The applicant’s report and rationale is attached as Appendix C. The property owners are proposing
that this site be developed as an ecologically friendly light industrial park with accessory retail uses.
They emphasize a priority of high quality design offering economic and recreational opportunities,
with the final layout and land uses to be developed in collaboration with community direction.
- 3 -
c)Planning Analysis:
On July 19, 2004, a report for processing exclusion applications was received by Council outlining
legal implications and the local government’s role in processing applications for exclusion from the
Agricultural Land Reserve. Council resolved to consider the following options for referring
applications to the Agricultural Land Commission:
The application be authorized to go forward to the Agricultural Land Commission with no
comment.
The application be authorized to go forward to the Agricultural Land Commission with
comments.
The application be authorized to go forward to the Agricultural Land Commission with a
recommendation to exclude the property with or without comments.
The application be authorized to go forward to the Agricultural Land Commission with a
recommendation to not exclude the property with or without comments.
The application not be authorized to go forward to the Agricultural Land Commission.
On February 14, 2005, Council passed the following Resolution:
“That the process for referring applications to the Agricultural Land Commission as resolved at the
July 19, 2004 Council Workshop be amended to include the following options only:
a) The application not be authorized to go forward to the Agricultural Land Commission.
b) The application be authorized to go forward to the Agricultural Land Commission with a
summary of Council’s comments”.
This is the process followed for subsequent exclusion applications and forms the basis of this
report’s recommendation.
Albion Flats Area Planning Process.
The subject property is within the Albion Flats. The Maple Ridge Official Community Plan, adopted in
2006, notes that the Albion Flats is under municipal, regional and provincial jurisdiction. The area
has been one of municipal interest for several years. Due to its strategic location along the Lougheed
Highway, the lands were designated a special study area of the Regional Growth Strategy of Metro
Vancouver Regional District1. The intent of this designation was for the possible conversion of these
lands for uses that would assist the community in meeting economic development objectives.
1 In the Metro Vancouver Regional Growth Strategy, a Special Study Area is a location where a
municipality has expressed its intention to alter the existing land use, and is anticipating a future
regional land use designation amendment. Amending a Special Study Area land use designation or
Urban Area Boundary is considered to be a Minor Amendment, and lands in the Agricultural Land
Reserve require consultation with the Agricultural Land Commission during the preparation of the
planning studies, prior to initiating an application to exclude lands from the ALR.
- 4 -
An extensive consultation program for this area commenced in 2010, known as the Albion Flats
Concept Plan. As many of these properties are within the Agricultural Land Reserve, the input of the
Agricultural Land Commission was sought early in the process.
In advance of formal applications (for exclusion or non-farm use), the Agricultural Land Commission
was willing to provide preliminary comments following the completion of the draft Concept Plan. The
District of Maple Ridge (DMR) followed the Commission’s advice and submitted the Concept Plan to
the Commission for comments in May, 2011. The Commission’s response, by Resolution #
2635/2011, stated:
“THAT the Commission not endorse the draft concept plan entirely as submitted, but only in
part;
That DMR be advised that while the Commission is prepared to cooperate towards future
commercial or industrial development at Albion Flats, it will do so in conjunction with
restoration of an agricultural future for that part of Albion Flats lying to the north of 105
Avenue (now Jim Robson Way);
AND THAT focusing on the area north of 105 Avenue the Commission will expect DMR to
undertake a comprehensive review of drainage and stream flow conditions in the Road
Thirteen Dyking District with a view to resolving issues identified in the Golder Associates
overview agricultural assessment and the HB Lanarc environmental baseline report, that
review to include
preliminary consultation with Fisheries and Oceans Canada;
preparation of an agricultural remedial action plan in consultation with the Commission,
the Ministry of Agriculture, Fisheries and Oceans Canada and the land owners, such a
plan to address all relevant issues including but not limited to drainage, long term
access, buffering or consolidation; and
design to ensure that traffic patterns enable practical access and use by farm vehicles;
AND THAT the Commission will expect DMR to submit an application under section 29 of the
Agricultural Land Commission Act to exclude from the ALR the land lying south of 105 Avenue
and west of 240 Street together with any remnant areas elsewhere in DMR identified by the
Commission as being unsuitable for Agriculture; Commission approval of such an application
may be in part or in whole conditional on progress toward the foregoing action plan;
AND THAT this response does not suggest or promote any move to eliminate the use of land
at Albion Flats as an agricultural fairground;
AND THAT the Commission recognizes that any implementation or action to be taken with
respect to the Commission’s response to the concept plan will require that DMR and land
owners be responsible for complying with applicable Acts, Regulations, and decisions of any
authorities that have jurisdiction under an enactment.”
These comments assert the ALC position that overall the City’s draft concept plan was determined to
be inconsistent with the objectives of the ALC Act to preserve agricultural land.
Upon receipt and review of the previous exclusion applications for the subject properties in 2012,
the Commission was prompted to add a further requirement for soil reclamation for the lands north
of Jim Robson Way in addition to the previous 2011 list of conditions identified by the ALC.
- 5 -
On October 5, 2015, Council endorsed a renewed planning process to complete a revised land use
concept plan and Albion Flats Area Plan Bylaw. It was proposed to revisit the 2010 charrette
outcomes and community stakeholder input as the basis for identifying preferred land uses and
moving forward to complete an Area Plan Bylaw. The Albion Flats Area Plan process complied with
the Commission direction and was proposed to have four phases:
Phase 1: Re-Establish & Initiate an Area Plan Process
Phase 2: Re-Draft a Land Use Concept Plan and Seek Council Endorsement
Phase 3: Submit Block Exclusion Application to ALC
Phase 4: Undertake Albion Flats Area Plan Bylaw Approval
Throughout the remainder of 2016, Council discussed opportunities for future recreation facilities,
including options for the Albion Flats. These investigations were a priority and shifted the Albion Flats
Area Plan timeline.
In the Fall of 2017, Council initiated the Community Facilities Conversation, engaging the community
on their preferred recreational priorities. The expansion of the Planet Ice facility within the Albion
Flats was ultimately identified as a public preference. The Planet ice expansion later received elector
approval through the Alternative Approval Process in 2018.
The completion of this process has renewed the Albion Flats Area Plan as an issue for further
discussion. The direction provided by the Commission has established that drainage issues on the
north side of 105 Avenue need to be addressed. It is also clear that the Commission has directed
that the exclusion of the lands to the south of Jim Robson Way are conditional on the agricultural
future of lands on the north side being restored.
With this consistent direction from the Agricultural Land Commission a significantly persuasive case
would need to be made for the Commission to change its direction with regard to the lands on the
north side of Jim Robson Way. In addition the City’s policies require that exclusion applications
demonstrate a net benefit for agriculture.
Case for Exclusion
The Property Owners maintain that:
the lands under application cannot be farmed due to flooding and saturation of the subject
properties.
this problem has been noted by the Commission since 1989 when the Agricultural Land
Commission required “Maple Ridge to carry out fill and drainage works in a manner that
would have no negative impact on adjacent ALR lands.” Subsequent ALC decisions made in
1994, 1995 and 2011 on applications for Municipal lands have specified remediation of
drainage conditions with specific drainage conditions,.
adjacent development including Planet Ice and the fairgrounds have contributed to this
problem.
drainage and rehabilitation will not happen in a timely manner if dependent upon private
developers of upland properties having to pay for it.
The full text of the applicant’s rationale and proposal details are attached as Appendix C.
The rationale for exclusion as provided by the applicant relates to the drainage problems associated
with the subject property. It is understood and accepted by the Commission that these constraints
currently impede the agricultural potential of the property. For this reason, the Commission has
- 6 -
established conditions that remediation be provided prior to any exclusion of the lands south of Jim
Robson Way within the study area. The remediation required by the Commission is expected to be a
condition of exclusion and will not be at the expense of those whose properties are to be retained as
agricultural parcels.
The applicant has expressed frustration over the delays in providing this remediation, but based on
previous Commission direction, it is not clear that justification for exclusion could be made on this
basis.
Commercial and Industrial Strategy
The applicant is recommending light industrial development of the subject site. The Commercial
and Industrial strategy was endorsed by Council in 2014, after the Albion Concept Plan had been
reviewed by the Agricultural Land Commission. The consultant’s review of this area stated the
following:
…given the dearth of quality lands for family-supporting jobs and industries in the District
(City of Maple Ridge) we recommend that any future exploration of ALR exclusion for part
of the Albion Flats focus on developing it as a mixed use employment node with a
smaller retail component near 105th Avenue (now called Jim Robson Way).
This excerpt reveals that a conversion to industrial uses could be supported in the community.
Official Community Plan
The Official Community Plan, contains statements and policies that pertain to this application. Some
of these could support the development of employment lands on this property. However, some of
these support the retention of agricultural properties for agricultural purposes. The following
outlines some of the relevant sections from the Official Community Plan.
Section 6.2.3 Albion Flats
The Official Community Plan recognizes the strategic importance of the Albion Flats to the
community and the potential it may have for conversion to other uses. Policy 6-15 states the
following:
Maple Ridge will work with Metro Vancouver, the Greater Vancouver Sewerage and
Drainage District (GVS & DD) and the Agricultural Land Commission (ALC) to determine
the future of the Albion Flats in conjunction with community, Regional, and Provincial
goals.
As noted earlier in this report, the inclusion of the Albion Flats as a special study area in Metro
Vancouver’s Regional Growth Strategy was intended to facilitate the potential conversion of
these lands.
Section 6 – Employment
Section 6 of the Official Community Plan speaks directly to the issue of employment in the Official
Community Plan in that it recognizes the need to diversify the tax assessment and create more jobs
in Maple Ridge in order to become a more balanced community. Section 6.4.1 states:
- 7 -
To accommodate the long term demand for industrial lands, Maple Ridge needs to create an
additional industrial area or areas of about 80 to 120 hectares (200 to 300 acres).
One of the objectives that supports the above noted statement is:
To create a larger more diverse industrial sector that offers greater employment
opportunities for residents, generates additional investment, enhances local businesses and
creates a larger tax base to pay for municipal services and amenities.
Building further on that objective, Policy 6 – 45 states the following:
The identification of additional employment generating lands is a priority for the District.
Following the completion of an Agricultural Plan, and as a component of a comprehensive
review of the Urban Area Boundary Maple Ridge will evaluate alternate locations for a large
block or blocks of additional employment generating land to support the growth of the
employment sector in the future. Location parameters for suitable industrial land may
include, but is not limited to:
a) land that is relatively flat;
b) land that is conducive to industrial development;
c) land that is contiguous to a full range of municipal services;
d) land that is strategically located near the Regional transportation network.
The subject properties meet the location criteria as expressed in this policy. Locational criteria are
discussed further in Policy 6-46 of the Official Community Plan as follows:
Maple Ridge will consider industrial development within the Urban Area Boundary providing
that the following compatibility criteria can be satisfied:
i) land is contiguous to a full range of municipal services;
ii) land is strategically located on, or near a Major Road Corridor and the transportation
network can support the development;
iii) the proposed development is compatible with the surrounding area; and
iv) the use is consistent with the Economic Development Strategy.
Agricultural Policies
Policy 6-12 of the Official Community Plan applies to land use decisions that affect the agricultural
land base. It states:
Maple Ridge will protect the productivity of its agricultural land by:
a)Adopting a guiding principle of “positive benefit to agriculture” when making land use
decisions that could affect the agricultural land base, with favourable recognition of
initiatives including but not limited to supportive non-farm uses, infrastructure
improvements for farmland, or the inclusion of land elsewhere in the Agricultural Land
Reserve.
The requirement in the Official Community Plan for a net benefit to agriculture indicates that
measures such as supportive non-farm uses, infrastructure improvements for farmland, or the
inclusion of land elsewhere in the Agricultural Land Reserve would be appropriate to compensate for
- 8 -
the loss of agricultural land. This requirement does not appear to have been addressed with this
application.
Maple Ridge Agricultural Plan
The Maple Ridge Agricultural Plan, adopted in 2009, noted that there are significant agricultural
areas within the District that are compromised due to flooding. Goal 6 of the Plan states the
following:
It is difficult for the community to realize the potential of agricultural lands that are
compromised due to deteriorating infrastructure, and are less productive as a result.
This situation may contribute to pressures to convert this land to non-farm uses. In
view of the fact that a lower standard of infrastructure improvements is required to
meet agricultural drainage and flood control needs in the flood plain, it would appear
to make sense to use this relationship to the benefit of agriculture and the
community as a whole.
The primary goal with respect to larger established farming operations in Maple
Ridge is to plan for their retention as farms, rather than watch them languish and
deteriorate, so that the community can optimize the rewards and advantages of
having agriculture in its midst.
Limited to highly specific situations, the secondary goal (if the primary goal is not
feasible) is to explore establishing a policy of compensation from development that
enables funds to be generated and expended so that the net agricultural capability
of the District is enhanced by investment elsewhere.
Key recommendations of the Plan state the following:
a)Explore establishing a drainage and flood control levy
b)Undertake a feasibility study of drainage and flood control to rehabilitate
affected areas
c) Require compensation from unavoidable agricultural land conversion
developments to be used to increase net agricultural capability in the District
This excerpt reveals considerable consistency between the conditions set by the Agricultural Land
Commission for the Albion Flats and the policy statements of the Agricultural Plan.
A net benefit to agriculture has not been demonstrated. The rationale for this exclusion relates to
the drainage problems associated with the subject property. This concern is supported by the
inclusion of an agrologist’s report. It is clear that drainage concerns were noted and understood by
the Agricultural Land Commission when they provided Council with comments in 2011. The
Commission will require these concerns to be addressed as part of the exclusion application for the
lands to the south of 105 Avenue.
CONCLUSION:
The subject properties are located within the Albion Flats, an area that has been under review for
possible conversion to other community serving land uses. Support for this conversion has been
provided in the context of the Commercial and Industrial Strategy. The Official Community Plan
contains policies that could support the exclusion of these properties, as well as policies that support
retaining these lands within the Agricultural Land Reserve.
- 9 -
This application for exclusion occurs in an area of the Albion Flats that the Agricultural Land
Commission has consistently stated should be retained in the Agricultural Land Reserve. The
applicant’s rationale for this exclusion relates to the drainage problems associated with the subject
property.
These problems were understood by the Commission in their response to the Albion Flats Concept
Plan. The Commission established redress of these problems as a requirement for the exclusion of
the lands to the south of Jim Robson Way.
As per Council’s direction two options are provided for Council’s consideration.
“Original signed by Diana Hall”
_______________________________________________
Prepared by: Diana Hall, MA, MCIP, RPP
Planner 2
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P. Eng
GM Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A Subject Map
Appendix B Ortho Photo
Appendix C Applicant’s Proposal and Rationale
DATE: Sep 20, 2018
FILE: 2018-323-AL
23623, 23451 JIM ROBSON WAY
PLANNING DEPARTMENT´
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SUBJECT PROPERTIES
APPENDIX A
DATE: Sep 20, 2018
FILE: 2018-323-AL
23623, 23451 JIM ROBSON WAY
City of PittMeadows
District of
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APPENDIX C
YourLand Development & Research Solutions Page 2
Table of Contents
Introduction………………………………………………………………………………………. P. 3
Application ID 57750 Proposal…………………………………………………………………. P. 3 - 4
Background Information…………………………………………………………………………. P. 4 - 5
History of the Subject Properties………………………………………………………………..P. 5 – 8
Conclusion………………………………………………………………………………………….P.9
YourLand Development & Research Solutions Page 3
Introduction
The application currently under consideration is the 2 nd application for exclusion from the Agricultural
Land Reserve (ALR) made by the Applicants. In 2012 and 2013 the Property Owners of both
properties individually submitted applications to exclude their land from the ALR. Both applications
were refused on the grounds that the lands could be drained and rehabilitated for agriculture.
Summarized information from those applications has been added to this Report to provide important
background information.
Application ID 57750 Proposal
The property owners, through discussions with members of the City of Maple Ridge Staff and
Council, have determined that the properties are most valuable to the community at large as an
Industrial area. Due to the proximity of the properties under application to high density residential
uses on the uplands, we believe that a Light Industrial development would offer the most compatible
land use while still satisfying the City’s need for Industrial and Employment land.
What we envision is a Light Industrial Park which is ecologically friendly and will support businesses
which may have storefronts to market the items being manufactured. We are also hoping to pursue a
Trades School facility for the property which has been looking for an appropriate location in Maple
Ridge for a number of years now. While design plans have not been prepared for this Eco-Industrial
Park yet, we hope to follow in the footsteps of some other Canadian entrepreneurs who have
developed similar Industrial Parks and are now operating at other locations in Canada.
Some of the main features of an Eco-Industrial Park may include following:
-The opportunity to live and work in the same community;
-Public amenities such as walking and biking trails;
-A pedestrian friendly business community;
-Pedestrian connectivity allowing people to easily walk or bicycle between businesses and to
amenity areas;
-Narrowed internal roads to reduce asphalt use;
-Attractive connections between buildings and trails;
-Shared driveways and parking facilities;
-Green roofs;
-Green building construction with energy and water efficiencies;
-Multi-use trails which can provide additional landscape buffer and improve integration of open
space and amenity;
-Storm-water management pond designed as both an amenity and habitat.
The Property Owners maintain that the lands under application cannot be farmed due to flooding and
saturation of the land. Further, draining and rehabilitating the property has not been adequately
YourLand Development & Research Solutions Page 4
pursued since 1989 when the Agricultural Land Commission first acknowledged the issue of
drainage and required, as a condition of approval for an application on Municipal lands on the east
side of 105th Ave. (Jim Robinson way), “the commitment of Maple Ridge to carry out the fill and
drainage works in a manner that would have no negative impact on adjacent ALR lands.” Since that
time there have been other decisions made on applications for the Municipal lands with specific
drainage conditions, in 1994, 1995 and 2011. Everything the Municipality has applied for to date has
been constructed with no resolution to the ongoing drainage plight of the Property Owners of the
flooded properties under application.
We have been told by a representative of the City that “No public funds will be used to drain the lands
west of 105th Avenue”. We believe that drainage and rehabilitation will not happen in a timely
manner, if ever, if dependent upon private developers of the remaining upland properties having to
pay for it. Further, we do not believe that the City of Maple Ridge has the ability or intent to spend
the funds necessary to do this work. The Property Owners contend that they should no longer be
held hostage by historical decisions which have been re-issued numerous times over the years,
without ensuring a mutually agreeable drainage plan was in place with a firm completion date.
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The concept of greening industrial parks has been around for about 30 years. Greening can occur
with site design, infrastructure, proactively attracting certain types of business and creating networks
amongst businesses for support. Many of these ideas have been tested as eco-industrial parks or
networks. An eco-industrial approach can contribute to a diverse and stable local economy; increase
the competitiveness and eco-efficiency of existing businesses and attract progressive, new
businesses to fill identified niches. The combined result is a healthier community and surrounding
ecosystem, and a more robust local economy.
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As the name suggests, light industry involves manufacturing, but on a much smaller scale than what
you might see at a large production plant that spans several acres. In some cases light industry can
be performed in spaces no larger than a two-car garage. Light industrial companies produce a variety
of personal and household items and components of larger goods. Unlike their heavy industrial
counterparts, manufacturers in light industry usually:
- rely more on labor and less on machines
- need fewer raw materials
- leave smaller footprints on the environment and surrounding properties
YourLand Development & Research Solutions Page 5
Light industry is attractive to local economies because it DGGVODUJHQXPEHUVRIMREV, doesn't create
a lot of stress on local infrastructure, and usually does not involve a large capital investment.
Emerging and changing technology shapes which sectors of light industry can expect job growth.
Light Industrial developments are designed to be compact and efficient urban structures that integrate
with the surrounding community while reducing impacts through ‘right sized’ infrastructure, low-impact
development. They should provide an accessible and well-designed park and open space system,
with compatible land uses and densities and supporting amenities and services.
The President’s Council on Sustainable Development (PCSD 1996c) defines the eco-industrial park
(EIP) as follows:
[It is] a community of businesses that co-operate with each other and with the local community to
efficiently share resources (information, materials, water, energy, infrastructure and natural habitat),
leading to economic gains, gains in environmental quality and equitable enhancement of human
resources for the business and local community.
The proposal which we envision will be made up of manufacturing businesses, some with store fronts
to sell their products. There may also be an opportunity to locate a branch of a Trade School as a
part of this development. There may also be facilities such as Day Care for the employees as well as
restaurants, bakeries, brew pubs, etc.
The development of the site will be sensitive to the natural environment and the people who live in
this area and visit it. We envision walking and biking trails throughout the development, possibly a
storm water habitat and other features to make this a live and work site. However, the final layout
and make-up of the development and the businesses which may locate on the properties will be
dependent on the direction given by the community in the Development process.
History of the Subject Properties
The Wynnyk family purchased 23451 Jim Robinson Way (105th Avenue) in 1947. Steve and John
Wynnyk purchased the land from their parents in 1959 and farmed it and the adjacent property, also
under application, since that date.
In 1987 the first problems with storm water run-off from the very first upland development were
identified by the property owners of both 23451 and 23623 Jim Robinson Way (JRW). At that time
letters were sent to the Agricultural Land Commission and copied to Maple Ridge.
In 1989 the Agricultural Land Commission agreed in Principal to allow Maple Ridge to use 23.8 ha of
the 24.4 ha lot on the south east side of JRW as a municipal fairground site, including a variety of
commercial-recreation and special events, in accordance with a master plan. Conditions of approval
included the commitment of Maple Ridge to carry out the fill and drainage works in a manner that
would have no negative impact on adjacent ALR lands.
YourLand Development & Research Solutions Page 6
In 1993 the ALC carried out a planning review and notified Maple Ridge of its willingness to work with
it to develop a land use and development plan which would consider the following:
- Appropriate agricultural and agriculturally related commercial and industrial uses;
- Mitigation and management measures to address the problems of urban storm water run-off
from adjacent urban area, and uncontrolled weed growth.
In 1994 the ALC agreed to the revision of the 1989 Fairgrounds Development Plan subject to
conditions:
- Maple Ridge ensuring that sufficient detention capacity is provided during construction of the
fairgrounds facilities and permanent drainage works;
- Submission of a 3 part under-taking in favour of the Commission that the District shall address
any negative drainage impacts in the Albion ALR that arise from their undertakings in the
Spencer Creek drainage area;
- Maple Ridge Fall Fair Board and farmers market related conditions;
- and, any further changes to the Fairgrounds development plan to require a new application.
In 2011, after reviewing the Albion Flats Concept Plan, the ALC advised Maple Ridge that it would be
willing to cooperate towards future commercial or industrial development at Albion Flats in
conjunction with restoration of an agricultural future for those lands located north west of 105th Ave
(the Subject Properties) and would expect Maple Ridge to undertake a comprehensive review of the
drainage and stream flow conditions in the Road 13 Dyking District. The review to include preliminary
consultations with Fisheries and Oceans, preparation of a remedial action plan to address all relevant
issues not limited to drainage, long term access, buffering or consolidation, as well as a traffic design
to ensure traffic patterns enable practical access and use by farm vehicles.
During its review of the previous applications for exclusion of the Subject Properties the Commission
noted that its 2011 stipulation for an agricultural remedial action plan is still the appropriate course of
action, but with soil remediation now added to the former list of issues.
The Albion Flats has been subject to repeated studies and identified for non-farm uses almost
continuously since its inclusion in the ALR.
The properties under application are within the Urban Boundary, strategically located next to major
transportation routes, and surrounded by urban uses.
Since the inclusion of this area into the ALR, only 3 of the 35 properties which make up the Albion
Flats have been used for agriculture.
Several properties in the Albion Flats have been identified by the Agricultural Land Commission as
being suitable for exclusion from the ALR or have already been excluded.
Historical ALC Staff reports note that much of the area lands “…are of limited interest to agriculture”.
YourLand Development & Research Solutions Page 7
ALC Planning comments made in support of the exclusion of the Municipal lands south east of 105th
Avenue in 2011 noted that exclusion would leave the two low-lying parcels northwest of 105th Avenue
as an isolated and unsustainable pocket of agriculture in an increasingly urban part of Maple Ridge.
Excerpts from$JULFXOWXUDO/DQG&DSDELOLW\$VVHVVPHQWRI)DUP/RFDWHGDWWK$YH
0DSOH5LGJH%&Prepared by Bruce McTavish, M.Sc., MBA, P.Ag., RPBio. and Hubert Timmenga, PhD,
P.Ag., CMC dated November 24, 2012
4.1 Historic Land Capability for Agriculture Based on Existing Mapping
The existing mapping for land capability for agriculture rates the property as 4W (3DW), this is
unimproved capability class 4 with the limiting factor being wetness and improvable to class 3 with the
limiting factor being undesirable soil structure or low perviousness (D) and wetness (W). It should be
noted that the land capability mapping rates the land on the west and east side of 105th Ave as
equivalent and the soil mapping indicates that the soils prior to filling on the east side of 105th Ave
are in the same soil series.
/DQG&DSDELOLW\IRU$JULFXOWXUH%DVHGRQ&XUUHQW6LWH$VVHVVPHQW
Current Land Capability is based on a number of factors that have significantly reduced the capability
of the land to support agriculture; these have been discussed in section 3 and are summarized below:
- Impact of deteriorated storm water drainage system on agricultural cropping includes inability
to grow perennial crops due to flooding,
- later spring seeding, making it impossible for crops to reach maturity,
- higher water tables leading to difficult field operations through the growing season,
- early fall soil saturation resulting in the inability to harvest crops,
- standing water through much of the year giving an effective natural grazing period of only 5 to
10 weeks. Growing or harvesting of crops is not possible,
- puddling leading to destruction of soil structure,
- soil compaction and deepening of depressional areas,
- overbanking of ditches leading to flooding of the land and increasing surface ponding and
puddling. Flooding taking place on a regular basis from fall to spring,
- overbanking of road ditches potentially bringing contaminants on to the land.
(One more point which should be added is - the property is not accessible to farm equipment due to
ground conditions.)
Based on the site observations and a review of the Zbeetnoff report prepared for the District of Maple
Ridge the existing land capability for agriculture should be:
- All lands east of the ditch that bisects the property should be rated at 7:6W 3:6I
- The lands to the west of the ditch that bisects the property are not quite as wet or flood as
often, and they should be rated 8:5W 2:5I.
YourLand Development & Research Solutions Page 8
In its present state the land to the east of the centre drainage ditch that is classed 7:6W 3:6I as
shown in figure 13 has currently no effective ability to produce agricultural crops. The land to the west
of the centre drainage ditch that is classed 8:5W 2:5I has marginal ability to produce perennial forage
$JULFXOWXUDO/DQG&DSDELOLW\$VVHVVPHQWRI)DUP/RFDWHGDWWK$YH0DSOH5LGJH%&
Prepared by Bruce McTavish, M.Sc., MBA, P.Ag., RPBio. and Hubert Timmenga, PhD, P.Ag., CMC Nov. 24, 2012
(QYLURZHVW&RQVXOWDQWV,QF5HSRUWGDWHG6HSWHPEHUUH 7+$YHQXH0DSOH
5LGJH#$OELRQ)ODWV
In 2015 the Wynnyk’s hired Envirowest Consultants to undertake a review of the drainage issues
associated with their property. In this review it was shown that the drainage issues do not originate
on the Municipal lands on the east side of Jim Robinson Way, but rather in the developed upland
areas which are outside the ALR. In summary of Envirowest’s findings, the resolution to the drainage
issues affecting the subject properties will require far more than resolving drainage on the Municipal
lands. Drainage works would be required in the upland areas as well. The most cost effective
drainage plan which was proposed would be one which would cost in excess of $8,700,000, not
including property acquisition costs, and would re-direct 25 % of the subject properties from future
agricultural use to part of the drainage system.
YourLand Development & Research Solutions Page 9
Conclusion
The Property Owners maintain that the lands under application cannot be farmed due to flooding and
saturation of the land. Conditional decisions made by the Agricultural Land Commission allowing
development of the Municipal lands including the commitment to prevent negative impacts on the
subject properties and draining and rehabilitating the properties have not been adequately addressed
or pursued since first required in 1989. Everything the Municipality has applied for has been
constructed with no resolution to the ongoing plight of the Property Owners.
We believe that drainage and rehabilitation of the Municipal lands will not resolve the issues which
are causing the flooding of the subject properties. The problem does not originate on the Municipal
lands but rather on the non-ALR uplands where development was permitted without provision for
storm drainage. The scope of this issue has never been acknowledged by either the ALC or the City
of Maple Ridge and we contend that it is beyond the ability of the City of Maple Ridge to resolve
financially or in a timely manner. The Property Owners should no longer be held hostage by old
decisions based on incomplete information.
It is time to acknowledge that these two properties do not constitute an integral agricultural area in the
community, and perhaps the monies that the Municipality does not have or want to spend on draining
and reclaiming these lands could be put to better use. Providing a Net Benefit to Agriculture
elsewhere in the Community? Facilitating the placement of a Trades School offering Agricultural
Programs?
The Property Owners have based their arguments in support of the Exclusion of these lands from the
Agricultural Land Reserve on professionally substantiated facts. The lands are unable to support
agriculture and the City of Maple Ridge is unable to ensure that the problems can or will be remedied
and agricultural suitability restored.
The Property Owners have been without a source of income from these properties for over 6 years
now. Long before that the productivity of the land had provided an exponentially diminishing return
on a yearly basis until it reached the point of being unusable.
After 30 years of platitudes and nothing of consequence being done to resolve the issues which have
effectively eliminated the ability to use these ALR lands to farm, the land owners deserve the
recognition that this is no longer an agricultural area and the opportunity to move forward with their
plans to make their lands provide a financial return once more.
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 2018-242-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First Reading
Zone Amending Bylaw No. 7498-2018;
11265 243 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property located at 11265 243 Street from
RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) to create a 16 unit Townhouse
development with underground parking.
Pursuant to Council Policy, this application is subject to the Community Amenity Contribution
Program at a rate of $4,100 per townhouse or other attached ground oriented dwelling unit, for an
estimated amount of $65,600.00.
Portions of the site are influenced by a watercourse and steep slopes that are environmentally
sensitive that will need to be dedicated as park. An Official Community Plan (OCP) amendment will
be required to amend the land use designation Conservation. In addition, to support the proposed
RM-1 (Townhouse Residential) zone an amendment is required to redesignate those portions of the
property that will not be Conservation to Medium Density Residential.
To proceed further with this application additional information is required as outlined below.
RECOMMENDATIONS:
In respect of Section 475 of the Local Government Act, requirement for consultation during the
development or amendment of an Official Community Plan, Council must consider whether
consultation is required with specifically:
i.The Board of the Regional District in which the area covered by the plan is located, in the
case of a Municipal Official Community Plan;
ii.The Board of any Regional District that is adjacent to the area covered by the plan;
iii.The Council of any municipality that is adjacent to the area covered by the plan;
iv. First Nations;
v.Boards of Education, Greater Boards and Improvements District Boards; and
vi. The Provincial and Federal Governments and their agencies.
and in that regard it is recommended that no additional consultation be required in respect of this
matter beyond the early posting of the proposed Official Community Plan amendments on the City’s
website, together with an invitation to the public to comment, and;
1102
-2 -
That Zone Amending Bylaw No. 7498-2018 be given first reading; and
That the applicants provide further information as described on Schedules A, C, D, F, and G of the
Development Procedures Bylaw No. 5879–1999, along with the information required a Subdivision
application.
DISCUSSION:
a)Background Context:
Applicant: Andrew Scott Architecture and Planning - Andrew Scott
Owner: Sun Ho Kang and Young Sook Kang
Legal Description: Lot 17, Section 15, Township 12, New Westminister District
Plan 50696
OCP:
Existing: Low/Medium Density Residential and Conservation
Proposed: Medium Density Residential and Conservation
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: RM-1 (Townhouse Residential)
Surrounding Uses:
North: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low Density Residential and Conservation
South: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential) with
Density Bonus: R-1 (Residential District)
Designation: Low/Medium Density Residential and Conservation
East: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential) with
Density Bonus: R-1 (Residential District)
Designation: Low/Medium Density Residential and Conservation
West: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low Density Residential and Conservation.
Existing Use of Property: Single Family Residential
Proposed Use of Property: 16 unit Townhouses with underground parking
Site Area: 0.811 ha (2.01 acres)
Access: 242A Street or 243 Street
Servicing requirement: Urban Standard
b)Site Characteristics:
The subject property is located in the Albion Neighbourhood west of 243 Street and north of 112
Avenue. The north/west portion of the subject property is influenced by slopes and is treed by
coniferous and deciduous trees. Located on the subject property is an existing single family house
and accessory outbuilding. South of the subject property is a 16 lot single family subdivision and
- 3 -
east is a 47 single family subdivision both were created through the Albion Density Provision of the
Zoning Bylaw. The subject property is designated Low/Medium Density Residential and
Conservation. The access for the proposed development will be reviewed in conjunction with the site
design and the requirements of the Engineering Department.
c) Project Description:
The applicant has applied to rezone the subject property RM-1 (Townhouse Residential) to support a
16 unit townhouse development with undergroung parking. The concept for the development will
consist of several townhouse clusters built over underground parking, To take advantange and
support the existing topography, as well to blend in with the existing single family homes nearby, the
applicant has proposed to terrace the development which will allow a two storey form.
At this time the current application has been assessed to determine its compliance with the Official
Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will
need to be made once full application packages have been received. A more detailed analysis and a
further report will be required prior to Second Reading. Such assessment may impact proposed lot
boundaries and yields, OCP designations and Bylaw particulars, and may require application for
further development permits.
d) Planning Analysis:
Official Community Plan:
The development site is located within the Albion Area Plan and is currently designated Low/Medium
Density Residential and Conservation. An OCP amendment will be required to adjust the
Conservation boundaries to reflect ground truthing and redesignate those portions of the subject
property that will not be Conservation to Medium Density Residential.
The Low/Medium Density Residential designation does not support the proposed rezoning to RM-1
(Townhouse Residential). In order to support the rezoning an amendement to the OCP is required.
The designation that supports the RM-1 (Townhouse Residential) zone is Medium Density
Residential designation. The unique design proposed for the development also allows for alternative
housing forms which will increase housing options.
The Albion Area Plan supports increases in density as a means of providing additional amenities in
the Allbion Area.
Policy 10-7 states - Maple Ridge Council may consider Density Bonuses as part of the development
review process for Albion Area Plan Amendmetn applications seeking a land use designation change
that would permit a higher density than currently permitted.
Policy 10-8 states – A density bonus will only be permitted on those lands that are located entirely
within the boundaries of the Albion Area Plan and Urban Area Boundary.
Recognizing that other developments in the area seeking additional density pay a density bonus rate,
the policy OCP amendment will also pay the desnity bonus rate resulting in additional density. The
expectaton in the policy is an OCP amendment will also pay resulting in additional density. Further
details of the Density Bonuses to provide additional amenties in the Albion Area will be detailed in a
second reading report.
- 4 -
The proposed OCP amendment is supported in recognition that the site has development challenges.
A significant portion of the site will be dedicated as conservation and the resulting parcel shape is
not suitable for a single family form. The townhouse units can easily fit the site and blend into the
neighbourhood with the incorporated underground parking being proposed.
The proposal will contribute towards achieving one of the the visions of the City which is
“Placemaking”. This will be achieved through the protection of the enviornmental features of the
subject property within this unique and compact development area.
The Conservation designation identifies ecologically sensitive lands that require protection in order
to ensure that their health, diversity and integrity are maintained. The lands are considered to be
highly environmental/geotechnically sensitive.
Zoning Bylaw:
The current application proposes to rezone the property located at 11265 243 Street from RS-3
(One Family Rural Residential) to RM-1 (Townhouse Residential) to permit a 16 unit townhouse
development with underground parking. Any variations from the requirements of the proposed zone
will require a Development Variance Permit application.
Development Permits:
Pursuant to Section 8.7 of the OCP, a Multi-Family Development Permit application is required to
ensure the current proposal enhances existing neighbourhoods with compatible housing styles that
meet diverse needs and minimize potential conflicts with neighbouring land uses.
Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is
required to ensure the preservation, protection, restoration and enhancement of watercourse and
riparian areas.
Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required
for all development and subdivision activity or building permits for:
All areas designated Conservation on Schedule “B” or all areas within 50 metres of an
area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver
Valley Area Plan;
All lands with an average natural slope of greater than 15 %; and
All floodplain areas and forest lands identified on Natural Features Schedule “C”.
The Conservation designation identifies ecologically sensitive lands which require protection in order
to ensure the preservation, protection, restoration and enhancement of the natural environment and
for development that is protected from hazardous conditions.
Advisory Design Panel:
A Multi-Family Development Permit is required and must be reviewed by the Advisory Design Panel
prior to Second Reading.
-5 -
Development Information Meeting:
A Development Information Meeting is required for this application. Prior to Second Reading, the
applicant is required to host a Development Information Meeting in accordance with Council Policy
6.20.
e)Interdepartmental Implications:
In order to advance the current application after First Reading, comments and input will be sought
from the various internal departments and external agencies listed below:
a)Engineering Department;
b) Operations Department;
c)Fire Department;
d)Building Department;
e)Parks Department;
f)School District;
g)Utility companies; and
h)Canada Post.
The above list is intended to be indicative only and it may become necessary, as the application
progresses, to liaise with agencies and/or departments not listed above.
This application has not been forwarded to the Engineering Department for comments at this time;
therefore, an evaluation of servicing requirements has not been undertaken. We anticipate this
evaluation will take place between First and Second Reading.
f)Early and Ongoing Consultation:
In respect of Section 475 of the Local Government Act for consultation during an Official Community
Plan amendment, it is recommended that no additional consultation is required beyond the early
posting of the proposed OCP amendments on the City’s website, together with an invitation to the
public to comment.
g)Development Applications:
In order for this application to proceed the following information must be provided, as required by
Development Procedures Bylaw No. 5879–1999 as amended:
1.An OCP Application (Schedule A);
2.A complete Rezoning Application (Schedule C);
3.A Multi-Family Residential Development Permit Application (Schedule D);
4.A Development Variance Permit (Schedule E);
5.A Watercourse Protection Development Permit Application (Schedule F);
6.A Natural Features Development Permit Application (Schedule G); and
7.A Subdivision Application.
The above list is intended to be indicative only. Other applications may be necessary as the
assessment of the proposal progresses.
-6 -
CONCLUSION:
It is recommended that Council grant First Reading subject to additional information being provided
and assessed prior to Second Reading.
It is recommended that Council not require any further additional OCP consultation.
It is expected that once complete information is received, Zone Amending Bylaw No. 7498-2018 will
be amended and an OCP Amendment to adjust the Conservation boundary may be required.
The development proposal is in compliance with the policies of the OCP. Justification has been
provided to support an OCP amendment to a redesignation from Low/Medium Density Residential to
Medium Density Residential. Recognizing the resulting increase in density. Council may wish to
require the Density bonus rate of $4,100 per unit will be applied to the project. It is recommended
that Council grant First Reading subject to additional information being provided and assessed prior
to Second Reading.
The proposed layout has not been reviewed in relation to the relevant bylaws and regulations
governing subdivision applications. Any subdivision layout provided is strictly preliminary and must
be approved by the City of Maple Ridge’s Approving Officer.
“Original signed by Wendy Cooper”
_______________________________________________
Prepared by:Wendy Cooper, MCIP,RPP
Senior Planning Technician
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P. Eng
GM Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – Zone Amending Bylaw No. 7498-2018
Appendix D – Proposed Site Plan
DATE: Jun 11, 2018
FILE: 2018-242-RZ
11265 243 STREET
PLANNING DEPARTMENT
SUBJECT PROPERTY
2016-244-VP
2017-028-VP
2016-244-RZ
2017-012-DP
2017-027-DP
2017-434-RZ
2017-434-DP
2017-434-SD
2016-336-RZ
2016-336-VP
2016-336-DP
2016-336-SD
2017-091-DP
2016-244-DP
2016-244-SD
2018-159-RZ
2018-159-SD
2016-238-RZ
2016-238-SD
2016-238-DP
2018-105-RZ
2017-262-RZ
VP/078/10
2018-160-RZ
2018-160-SD
2014-012-RZ
2016-008-SD´
Scale: 1:4,740 BY: LP
Legend
Stream
Ditch Centreline
Edge of Marsh
Indefinite Creek
River Centreline
Lake or Reservoir
Marsh
APPENDIX A
DATE: Jun 11, 2018
FILE: 2018-242-RZ
11265 243 STREET
City of PittMeadows
District of
Langley District of MissionFRASER
R
.
^
PLANNING DEPARTMENT243B STERON CRT113 AVE
243 ST113A AVE
240A ST244 ST112A AVE
112B AVE
LANELANE
241A ST
112 AVE 112 AVE 112 AVE240 ST240 ST240 ST240 ST240 ST240 ST240 ST240 ST240 ST240 ST113 AVE
113A AVE
242A ST243A ST242A ST241A STSUBJECT PROPERTY
Aerial Imagery from the Spring of 2016´
Scale: 1:4,740 BY: LP
APPENDIX B
CITY OF MAPLE RIDGE
BYLAW NO. 7498-2018
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7498-2018."
2.That parcel or tract of land and premises known and described as:
Lot 17 Section 15 Township 12 New Westminster District Plan 50696
and outlined in heavy black line on Map No. 1775 a copy of which is attached hereto and
forms part of this Bylaw, is hereby rezoned to RM-1 (Townhouse Residential).
3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto
are hereby amended accordingly.
READ a first time the day of , 20
READ a second time the day of , 20
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED, the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
APPENDIX C
113 AVE.243B ST.112 AVE.242A ST.241A ST.243 ST.113 AVE.243B ST.243A ST.112 AVE.241A ST.243A ST.112B AVE.
112 AVE.243 ST.242A ST.24285243541138
3
11242
2435911157
11223
11262
11258
11181
11235
11211
11381
11373
1125024170
11195 2435511230
11246
11257 2435811260
11207
11264
242712436111232
11256 2432611
3
9
5
11273
11238
11335
11252
11340
2436011357
2436311222 11220
11369
11345
11365
2435811228
11372
11202
11223
11276
243362435
1
11242
11233
1124324195 pump sta.11347
2435011360
2425024265242812417724349242792421224255243172434611353
11175 2429611263
2420111241
1125224240
11187
11261 243482435911201
11268 2430111258
11163
11274 2432511333
11233
11169 2434111251 243092429511208
2
4
3
5
3
24331242071122211221
11265
11267
11321
2429111212
11240
11266
11231
5
7
32
2
4
45
167
38
6
2
41
29
15
3
9
4
32
15
15
36
26
11
42
42
44
12
35
3
10
5
25
4
7
11
27
9
33
16
1
13
12
5
35
34
30
PARK
9
4
43
1
22
2
6
2
8
PARK
A
3
Rem 11
1
10
3
1
14
14
5
17
PARK
PARK
5
1
1110
34
40
3
31
33
A
1
Rem 1
17
PARK
12
39
2
46
8
18
16
4PARK7
6
1
21
36
45
2
8
PARK
37
6
19
28
1
13
14
EPP 56127
P 3452
EPP 62331EPP 61216EPP 52282EPP 64339
EPP 54924
EPP 549
24
BCP 20580
EP 15693EPP 70379 EPP 61891EPP 56126EPP 56127P 50696EPP 54924
EPP 54924BCP 15941P 809EPP 65351RP 13033
EPP 52281
P 50696
P 43601
EPP 54924
EPP 53749 EPP 54924
EPP 54924P 50696
P 77744
BCP 15941
BCP 20580EPP 54927EPP 54925EPP 54925
EP 77745
BCP 20582
EPP 54925BCP 20582EPP 54925EPP 68744EPP 61217BCP 20581
EPP 54925112 AVE.
´
SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
RM-1 (Townhouse Residential)
7498-20181775
APPENDIX D
-1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 2017-390-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First and Second Reading
Official Community Plan Amending Bylaw No. 7499-2018;
Second Reading
Zone Amending Bylaw No. 7442-2018;
23084 Lougheed Highway and 23100 Lougheed Highway
EXECUTIVE SUMMARY:
An application has been received to rezone the subject properties located at 23084 and 23100
Lougheed Highway (Appendix A and B) from RS-3 (One Family Rural Residential) to RM-4 (Multiple
Family Residential District), to permit future construction of approximately 32 townhouse units in six
(6) buildings. Council granted first reading to Zone Amending Bylaw No. 7442-2018 and considered
the early consultation requirements for the Official Community Plan (OCP) amendment on March 18,
2018. There were some density and parking issues raised by Council. The applicant’s response to
these issues is included in this report.
An Official Community Plan (OCP) amendment is required. Ground-truthing on the site has
established the developable areas, and as a result, an OCP amendment is required to revise the
boundary between the Conservation and Urban Residential to fit the site conditions in accordance
with the professional of record respecting environmental and geotechnical setbacks as well as
environmental compensation areas.
Pursuant to Council policy, this application is subject to the Community Amenity Contribution (CAC)
Program at a rate of $4,100.00 per townhouse dwelling unit; for an estimated amount of $131,000.
In addition, Council endorsed the staff report “Density Bonus Program Allocations to Affordable
Housing.” This Council decision directs staff to amend the density provisions in the Zoning Bylaw,
including the RM-1 and RM-4 zones, to require payment of additional CAC’s for bonus density when
requested by applicants. For this project, there is a bonus density being sought to achieve the
applicant’s desired townhouse density. As described further in this report, pursuing the RM-4 rather
than the more typical RM-1 zone is tantamount to the bonus density amendment staff has been
instructed to implement. Council may wish to pursue a bonus density CAC as an additional condition
of final reading.
RECOMMENDATIONS:
1)That, in accordance with Section 475 of the Local Government Act, opportunity for early and
on-going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 7442-2018 on the municipal website and requiring that the applicant host a
Development Information Meeting (DIM), and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a Public Hearing on the bylaw;
1103
- 2 -
2)That Official Community Plan Amending Bylaw No. 7499-2018 be considered in conjunction with
the Capital Expenditure Plan and Waste Management Plan;
3)That it be confirmed that Official Community Plan Amending Bylaw No. 7499-2018 is consistent
with the Capital Expenditure Plan and Waste Management Plan;
4)That Official Community Plan Amending Bylaw No. 7499-2018 be given first and second
readings and be forwarded to Public Hearing;
5)That Zone Amending Bylaw No. 7442-2018 be given second reading, and be forwarded to Public
Hearing;
6)That the following terms and conditions be met prior to final reading:
i)Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of
the deposit of a security, as outlined in the Agreement;
ii)Approval from the Ministry of Transportation and Infrastructure;
iii)Amendment to Official Community Plan Schedule “C”;
iv)Park dedication as required, including removal of all debris and garbage from park land;
v)Consolidation of the subject properties;
vi)Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the
suitability of the subject properties for the proposed development;
vii)Registration of a Restrictive Covenant for the protection of the Environmentally Sensitive
areas (wetlands) on the subject properties;
viii)Registration of a Restrictive Covenant for protecting the Visitor Parking;
ix)Registration of a Restrictive Covenant for Stormwater Management, including maintenance
instruction for strata residents;
x)Removal of existing building/s;
xi)In addition to the site profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage tanks on the
subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site.
xii)That a voluntary contribution, in the amount of $131,000 ($4,100 /unit) be provided in
keeping with the Council Policy with regard to Community Amenity Contributions.
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DISCUSSION:
1)Background Context:
Applicant: Concost Management Inc
Legal Description: Parcel “One” (Explanitory Plan 10002) of Parcel “K” District Lot
403 Group 1 NWD Except: Part on Statutory Right of Way Plan
71204; and Lot 1 Except: Part on Statutory Right of Way Plan
71204 District Lot 403 Group 1 NWD Plan 7720
OCP:
Existing: Conservation and Urban Residential
Proposed: Conservation and Medium Density Multi-Family
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: RM-4 (Multiple Family Residential)
Surrounding Uses:
South: Use: Residential
Zone: RM-1 (Townhouse Residential) RS-3 (One Family Rural
Residential)
Designation: Urban Residential and Conservation
North & East: Use: Residential and vacant
Zone: RM-1 (Townhouse Residential) and RS-3 (One Family Rural
Residential) subject to 2015-297-RZ for a single family
residential subdivision
Designation: Urban Residential and Conservation
West: Use: Vacant
Zone: RS-3 (One Family Rural Residential) subject to
2015-297-RZ for a Townhouse and a commercial/Rental
Apartment building across Morley Creek
Designation: Urban Residential and Conservation proposed Urban
Residential, Commercial and Conservation
Existing Use of Property: Vacant
Proposed Use of Property: Townhouse
Site Area: 1.125 HA. (2.8 acres)
Access: Lougheed Highway (restricted right in and right out)
Servicing requirement: Urban Standard
2)Project Description:
Site conditions:
The site (Appendix A) consists of two lots forming a triangle-shaped development site with a
total of 0.125 HA (2.8 acres) before road and park dedication. The portion of the site closest to
Lougheed Highway is developable, but much of the western portion has significant slopes in
the vicinity of Morley Creek. The site generally flat and sloping gently southwards, except for
steep slopes along the west and a ponding area along a short portion of the Lougheed Highway
in the north. The site contains trees many of which are in the environmentally sensitive area
proposed to be conserved. A tree management plan will be required.
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Proposal:
The proposal is for approximately 32 townhouses in six (6) buildings. Vehicle access will be
right turn in and right turn out on Lougheed Highway. A total of 10 of the 32 units will have two
(2) side-by-side garage parking spaces and 22 will have two (2) tandem parking spaces
(Appendix E, F & G). The resulting ratio of 40% (“side-by-side”) to 60% (tandem) provides
slightly more “side by-side” garages than the general rule of 30% to 70%. A total of 9 visitor
parking spaces, two (2) more than required are being provided; however, this may need to be
modified in the final development permit plans to allocate a space for disabled parking.
The units facing Lougheed Highway will be designed to front on the highway and front yards
with pedestrian access to the sidewalk along Lougheed Highway (Appendix H). A narrow band
of bio-swales and bio-filtration ponds, integrated with site landscaping, will run north-south
behind the western townhouses. There is also a central mail kiosk, garden area and child play
area to be provided.
Applicant’s Response to Council Concerns:
At first reading, Council requested that the applicant address their comments about the
following in their detailed submission for second reading:
tandem parking aprons;
the sufficiency of on-site parking given there is no on-street parking and habit of
individuals using garage spaces for household storage impacting the availability of
parking; and
provision of some rental or other special housing for the density gain obtained by
pursuing RM-4 rather than seeking the typical RM-1
Their proposed solutions are described and analyzed by staff in separate sections of this
report.
3)Planning Analysis:
i)Official Community Plan:
This project complies with environmental policies in setting an appropriate conservation
boundary and achieving a character suitable for a development on a Major Corridor.
For the proposed development an OCP amendment will be required for the Conservation
Designation boundary to reflect ground-truthing accepted by the City based on the
recommendation of the qualified environmental professional and the geotechnical engineer
retained by the applicant. The Urban Residential designation as fine-tuned accommodates
the proposed development and the proposed RM-4 (Multiple Family Residential) zoning.
Policy 3-18 in the OCP categorises residential development as having either Neighhourhood
Residential Character or Major Corridor Residential Character. This site is located on
Lougheed Highway, which is a Major Transportation Corridor. Consequently, the project’s
character is subject to the latter of the two categories in accordance with Policies 3-20 and
3-21 respecting Major Corridor Residential Infill. The main applicable aspects of these
policies including:
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Major Corridor Residential infill must be designed to be compatible with the
surrounding neighbourhood
The subject site abuts an older townhouse development to the south and across Lougheed
Highway. Also across Lougheed Highway and to the northeast is a single family residential
subdivision by Polygon / Morningstar (2015-0269-RZ) at the subdivision review stage.
Across a ravine and creek system to the west is the southern portion of the Polygon site,
where additional townhouses and a small commercial mixed use building are to be
developed in phases.
Among the criteria respecting compatibility are the following:
A maximum height of two and one-half storeys with an emphasis on ground oriented
units – Though still in the conceptual stage, the units will be ground oriented and be
either 2 ½ or 3 storeys in height.
Compatibility between building massing and the type of dwelling units in the proposed
development and the surrounding residential properties - The proposed use of the
subject site, though somewhat isolated by the ravine and Lougheed Highway, is
contextually compatible with the surrounding existing or proposed uses.
Street orientation – The units on Lougheed Highway will be required to have a front
yard and pedestrian access from each townhouse to the sidewalk along Lougheed
Highway. This would be similar to the design of the closest RM-4 zoned development
along the Lougheed Highway but addressed off Telosky Avenue (22865 Telosky
Avenue) located a short distance to the north and across from Telosky Stadium.
Compliance with the criteria will be secured through Development Permit approval later
in the application review process.
Retention and preservation of significant trees, other natural vegetation, and
environmental features – This criteria is being achieved through: trees being retained
in the ravine being dedicated for conservation, the way the townhouse buildings closest
to the ravine are proposed to be arranged and the bio-filtration area proposed to be
located as a buffer between the townhouse buildings and conservation area.
The proposal complies with these criteria. The final development permit plans will be
forwarded in a separate report to Council in concert with final reading for issuance.
OCP Policy 3 - 33 states that Maple Ridge will encourage housing that incorporates “age-in-
place” concepts and seniors housing designed to accommodate special needs. The
applicant has proposed to provide plug-ins to charge mobility devises (e.g. scouters), mid
height plug and switches, backing behind drywall in bathrooms to attach grab bars, etc, and
some adaptability for kitchen cabinets. These are all supportive of “age-in place”
objectives. The applicant prefers not to have units that are designed and built in
accordance with Section 3.2.5 BC Building Code Adaptive Dwelling Unit regulations. These
regulations include measures like: wider hall corridors, wider doors to one bedroom and
wider doors to one washroom with more space to allow a resident to more easily navigate
using a walker or wheelchair.
The final plans need to identify which units will have “age-in-place” incorporated either in
the manner proposed by the applicant and/or some units to the above mentioned Building
Code regulations.
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OCP Policy 5–8 states that Maple Ridge will continue to require the protection of
watercourses by requiring landowners developing their lands, rezoning properties within or
adjacent to lands or watercourses identified on the Natural Features Schedule C or
designated as Conservation on Schedule B have such areas dedicated as park land and be
designated as Conservation. The applicant is dedicating about 5,666 square meters (1.4
acres) or about 51% of the site as park.
The ESA boundaries for this project have been accepted by the City and reflected in the site
plan of this project. Dedication will be a requirement of third reading, through the
submission of a subdivision plan. This subdivision plan will consolidate the two subject
parcels as into a single development parcel and dedicate the identified Conservation
designated portion of the site as parkland.
ii)Zoning Bylaw:
Background:
The application is for the properties located at 23084 and 23100 Lougheed Highway to be
rezoned from RS-3 (One Family Rural Residential) to RM-4 (Multiple Family Residential) to
permit approximately 32 townhouses.
Density:
The subject site is constrained by the steep slopes and a watercourse along the western
part of the subject site. Compliance with the typical RM-1 zone would not work because
after the land is dedicated, the FSR would be exceeded (0.60 is the maximum and 0.73 is
proposed). Based on conceptual plans, Council accepted the applicant’s request and
granted first reading March 18, 2018, to proceeding with the RM-4 (Multiple Family
Residential), which allows a density 0.75 FSR.
To achieve a more focused and compact development envisioned by the applicant, the
higher density was deemed justified and proceeding under the RM-4 Zone simplifies the
process. This approach would be consistent with the existing zoning of a property further
north facing Lougheed Highway and addressed off Telosky Avenue (22865 Telosky Avenue);
however, a variance will be required and is acceptable in this instance (see variance
section for elabouration) as the RM-4 requires all underground parking for development at
such densities.
In July 2018, Council received the staff report and resolved that:
That a density bonus framework to encourage greater delivery of affordable, rental
and special needs housing through development as recommended in the staff
report entitled, “Density Bonus Program Allocations to Affordable Housing”, dated
July 17, 2018, be included in the new Zoning Bylaw.
Under this framework, a developer seeking more floor space (increased FSR) above the
maximum 0.60 FSR permitted by the RM-1 zone, has two ways of securing this extra floor
space, described as follows:
The entire extra floor area is made available as affordable housing; or
If a contribution is made equal to $215.28 per square metre of this extra floor area
for affordable housing to the City, freeing the extra space to form part of the overall
development.
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The subject application, to rezone to RM-4 rather than to RM-1, is effectively seeking to
achieve the extra floor area that the “Density Bonus Program Allocations to Affordable
Housing” endorsed by Council is allowing through the second bullet point.
If applied to this application, the estimated floor area the applicant wishes to gain is an
extra 740 sq. m. (0.13 FSR). The cash contribution for this density being gained would be
(740 sq. m. times $215.28 equaling) $159,310.
With respect to use and density, the initial decision made by Council at first reading was
based on conceptual plans and preliminary information. With a full submission, the details
about developing the subject site at the higher 0.75 FSR (e.g. additional 0.15 FSR over the
usual RM-1 Zone) is more apparent. Council has the ability in considering second reading,
to apply the measures from the above noted report as one of the terms and conditions to
be completed by the applicant before final reading.
With respect to the OCP and policies governing bonus (or extra) density, the following apply:
OCP 2-9 Community Amenity Contributions and density bonuses may also be
considered at Council’s discretion for all Official Community Plan and
Zoning Bylaw amending applications that are seeking a higher density
than is envisioned in Schedule “A” and/or Schedule “B”, to help provide a
variety of amenities and facilities throughout the municipality.
OCP 3-30 Maple Ridge will consider density bonus as a means of encouraging the
provision of affordable, rental and special needs housing, and amenities.
Therefore, the project can be deemed to constitute an increase in density of 0.15 FSR over
the typical townhouse zoning.
In accordance with these policies and the direction Council gave staff by endorsing the
report “Density Bonus Program Allocations to Affordable Housing”, Council may have may
the desire to set as a term and condition for final adoption, that that the extra density
sought by the applicant be treated as a bonus density situation. If this is the case, the
applicant would need to pick either:
to voluntarily incorporate affordable, rental or seniors housing; or
to make a cash in-lieu contribution; or
a combination of the two.
This would be in addition to the across-the-board Community Amenity Contribution (CAC)
requirement to which this application is subject (see CAC section for elaboration).
Applicant’s Proposed Solution Respecting Density:
The provision of affordable units is not the solution being proposed by the developer.
Instead, the items in the table on the following page outlines the applicant’s proposed
solutions to address this Council concern:
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Developers suggestion Staff Comment
1. Added indoor mobility device charging
outlets and space;
2. Added plywood backing in all bathrooms
and potential grab-bar locations;
3. Planned for mid-height outlets and light
switches; and
4. Included “last-in” kitchen sink cabinets.
Affordable housing or a payment in lieu is not
being proposed.
If the intention is to achieve the “age-on-place”
policies of the OCP, units will need to
incorporate the full adaptive dwelling unit
standards of the BC Building Code.
Council could require a Housing Agreement to
secure these requirements to be implemented
through the building permit approval process.
iii)Off-Street Parking and Loading Bylaw:
Parking is being provided on site within enclosed parking garages associate with each
townhouse unit. The requirements are:
2.0 residential parking space per unit (2.0 times 32) for a total of 64 spaces;
0.2 visitor parking spaces per unit (0.2 time 32 = 6.4 rounded as required by the
Bylaw) for a total of 7; and
For sites with a parking requirement of between 26 and 75, one of the above
requires parking space is to be a disabled parking space.
The development will meet these requirements, except a surface disabled parking space
will need to be provided. The general rule of a 30%/70% ratio of “side-by-side” to tandem
parking is achieved with a 40%/60% split; however, there are no aprons in this project, as
typically provided with tandem parking in most other projects.
Applicant’s Proposed Solution Respecting Parking:
With respect to the parking matters raised by Council (e.g. the impact of garages potentially
being used for household storage with no on-street parking on Lougheed Highway and lack
of aprons being provided with tandem spaces), the table below outlines the applicant’s
proposed solutions to address this Council concern.
Developers suggestion Staff Comment
1. Increased the Visitors Parking from seven
(7) to nine (9);
Visitor parking is not usually an alternative to
resident parking; often strata bylaws ban
residents from parking in visitor parking spaces.
2. A section 219 Covenant on all Titles
restricting the use of car areas in garages
for storage
The enforceability of such a covenant and the
appropriateness of the City being a party to such
a covenant are both questionable.
3. Added 144 cubic feet of pre-built, flexible
indoor storage;
4. Added indoor, wall-mounted bicycle
storage; and
Staff has no objection to these, provided these
will be included in each of the units being
constructed.
5. Added a community bicycle repair centre.
Staff has no comment.
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Further staff comments: The apron matter was not addressed, in part, due to the
constrained nature of the developable lands, environmental factors and the higher FSR
being sought. No aprons are shown for any of the units with tandem parking garages.
The RM-4 Zone restricts the lot coverage of land for accessory off street parking use,
including visitor and disabled parking, to occupy not more than 2% of the surface of the lot
area. The number of visitor parking spaces may need to be reduced to comply with this
provision. This lot coverage calculation does not generally include circulation aisles,
driveways or aprons in front of garages.
The final parking design and numbers, including a verification of compliance with lot
coverage, will be done before the development permit report, as described in subsequent
sections of this report, is forwarded to Council,
iv)Proposed Variances:
A Development Variance Permit application has been received for this project and involves
the following relaxations (see Appendix D):
Maple Ridge Zoning Bylaw No. 3510 -1985, 603 RM-4 Multiple Family Residential
District, Section 6. Siting a) is to be varies from 7.5 meters from all lot lines to 4.5
metres to all lot lines except 5.31 metres for the lot lines to the park / creek areas.
This variance is necessary, in part, to allow a stronger pedestrian relationship for the street
facing units, to safeguard tree or root systems and to accommodate the parkland
dedication. Therefore, this variance is deemed justified.
Maple Ridge Zoning Bylaw No. 3510 -1985, 603 RM-4 Multiple Family Residential
District, Section 7. Size of Buildings and Structures a) is to be varied for selected units
(the taller “B” townhouses) from 11.0 metres to 11.62 metres.
The main reason for requesting this variance is to allow the main floor to have a 10 foot
ceiling height. As this is a marketing and liveabiliy feature, the variance is justified.
Maple Ridge Zoning Bylaw No. 3510 -1985, 603 RM-4 Multiple Family Residential
District, Section 8. Other Regulations a), c)and d) to:
o Vary the requirement that parking be located within an underground structure;
o Vary the requirement that surface parking, including a driveway for accessing such
parking, not be within an arc of 3 metres in radius measured from the nearest
surface of a window to a habitable room; and
o Vary the requirement for a continuous 90 degree horizontal arc being
unencumbered by buildings on the same lot.
These variances are necessary to permit the proposed siting of buildings to achieve the
environmental and geotechnical constraints; and the lot geometry with the site becoming
progressively narrower towards the north, thus bringing some units closer together. For
these reasons, the variance can be justified.
It might not be possible to vary the surface parking lot coverage requirement because it is
included as a density requirement in the RM-4 zone.
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The requested variances with a detailed analysis will be the subject of a future variance
permit report to Council in concert with final reading.
v)Development Permits:
Pursuant to Section 8.7 of the OCP, a Multi-Family Development Permit application is
required to ensure the current proposal enhances existing neighbourhoods with compatible
housing styles that meet diverse needs, and minimize potential conflicts with neighbouring
land uses.
Pursuant to Section 8.9 and Section 8.10 of the OCP, a combined Watercourse Protection
Natural Features Development Permit application is required for:
All developments and building permits within 50 metres of the top of bank of
all watercourses and wetlands;
All areas designated Conservation on Schedule “B” or all areas within 50
metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3
and 4 in the Silver Valley Area Plan;
All lands with an average natural slope of greater than 15 percent; and
All floodplain areas and forest lands identified on Schedule “C”;
to ensure the preservation, protection, restoration and enhancement of the natural
environment and for development that is protected from hazardous conditions.
vi)Advisory Design Panel:
The Advisory Design Panel (ADP) reviewed the form and character of the proposed
development and the landscaping plans at a meeting held on July 18, 2018 (see Appendix
E and F).
Following presentations by the project Architect and Landscape Architect, the ADP made
the following resolution that:
The following concerns regarding File No. 2017-390-DP be addressed and digital
versions of revised drawings & memo be submitted to Planning staff; and further that
Planning staff forward this on to the Advisory Design Panel for information.
Landscape Comments:
1. Consider adding more trees North of the community garden along the path;
2. Consider adding more buffering with plants from the community garden to the
adjacent residence on the West side;
3. Consider making the central circle garden in the community garden a space for
gardening complete with a seating wall;
4. Consider changing the shape of the circular paving in the central community garden
adjacent to the fence so as to meet the fence more squarely. Also consider including
a trellis to support vertical plant growth;
5. Provide detail for garden shed;
6. Coordinate the planting along the Western portion of the site with the native species
required within the environmental area;
7. Provide an entrance feature at the main driveway;
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8. Reflect City of Maple Ridge requirements on the site and landscaping plans for the
turn restricted driveway entrance;
9. Provide pedestrian connectivity from the public sidewalk to the gathering area;
10. Provide waste and recycling receptacle in the gathering area;
11. Consider extending or reshaping the crossing area of special paving so it covers the
desire line from the mailboxes to the other end of the path on the East side of the
building to improve safety. Also review the desire line from the community garden into
the development where the path ends at the main driveway entrance;
12. Redefine the special paving to be spaced and used to slow down vehicular traffic
entering the development; consider radial landscape geometry that is currently in
place.
Architectural Comments:
1. Consider softening end units through articulation and materials and/or the addition of
windows, particularly in units visible from Lougheed Hwy;
2. Re-evaluate locations of glazing on end units the near roof peak;
3. Coordinate material transitions on facades;
4. Provide three dimensional renderings.
The revised plans were circulated and accepted by the ADP in addressing their concerns
and are reflected in the current plans. A detailed description of how these items were
incorporated into the final design will be included in a future development permit report to
Council in concert with final adoption.
vii)Development Information Meeting:
A Development Information Meeting was held at Kanaka Elementary School on Wednesday
June 27, 2018 from 6 to 8 pm. Two (2) people (one representing 62 strata unit owners in
the complex to the south) attended the meeting. A summary of the main comments and
discussions with the attendees was provided by the applicant and include the following
main points:
Like the amenity and usable open spaces which are designed in accordance with an
ecosystem;
Not all were in the favour of unit floor plans but they liked the designs overall;
Limit the number of powder room doors that opened directly into the kitchen;
Concerns about traffic speeds and access on Lougheed highway;
Difficulty of people taking turns towards townhomes from the Maple Ridge highway; and
Some increase in density is appropriate for the area.
The following are provided by the applicant in response to the issues raised by the public:
Bio-filtration was integrated into the landscaping plan as part of the stormwater
management on the site;
Some adjustments made to the floor plans and balcony placement;
Adjusted in plans;
Access restricted to right-turn-in and out to Lougheed Highway;
This was likely a reference to Haney Bypass access for the existing development to the
south. The subject site has access only to Lougheed Highway in the City’s jurisdiction;
and
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The proposed density complies with the RM-4 zone, which is higher than the typical
density townhouse zone (RM-1).
4)Environmental Implications:
The Environmental Planner has accepted the Environmental Assessment Report from the
applicant’s Qualified Environmental Professional. This report has established the required
setbacks from the creek and top of banks from both the geotechnical and environmental
perspectives. The exact boundary of the Conservation area to be dedicated as parkland and
the area to be subject to a stormwater restrictive covenant has been established. This
covenant is for bio-filtration ponds between the townhouses and the Conservation area
associated with the stormwater management strategy for this development.
The development and location of the proposed buildings and structures are in accordance with
the environmental and geotechnical setback recommended and accepted by the City.
5)Traffic Impact:
As the subject properties are located within 800 metres of the Lougheed Highway, a referral
has been sent to the Ministry of Transportation and Infrastructure.
Ministry approval of the Zone Amending Bylaw will be required as a condition of final reading.
At this time, the Ministry has granted preliminary approval of the development application.
6)Interdepartmental Implications:
i)Engineering Department:
A rezoning servicing agreement will be required for this project. It will include: insuring the
City standard for an urban arterial road with a bike route are achieved, any road widening,
upgrade to curbs, sidewalks, street trees and lighting to meet these standards and
servicing upgrades as normally secured through the rezoning process. Access will be
restricted to right turn in and out only. Discharge of on-site storm waters into Morley Creek
will need to incorporate adequate detention for 100 year storm events and may require
Provincial notification or approvals. These matters will be addressed in the normal fashion
as the application proceeds.
ii)Parks & Leisure Services Department:
Due to the steep slopes, trail connection within the Conservation area will not be required.
iii)License, Permits and Bylaws Department:
A few Building Code-related have been resolved or will be addressed at the building permit
stage, including: egress requirements from dwelling units; compliance for any units that
may be identified as adaptive dwelling units; and showing building height calculations on
elevation drawings.
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iv)Fire Department:
Final DP site plans and floor plans to include locations of fire related infrastructure such
as, fire hydrant(s), sprinkler room, electrical kiosks, etc. include lane measurements and
overhead obstruction clearances for review and acceptance. These matters will be
addressed in the normal fashion as the application proceeds.
7)School District No. 42 Comments:
Pursuant to Section 476 of the Local Government Act, consultation with School District No. 42
is required at the time of preparing or amending the OCP. A referral was sent to School District
No. 42 on August 13, 2018, with a reply dated September 24, 2018, indicated the following:
Golden Ears Elementary has an operating capacity of 491 students. For the 2017-18 school
year the student enrolment at this school was 523 students (94% utilization) including 178
students from out of attachment. Thomas Haney Secondary School has an operation capacity
of 1,200 students. For the 2017-18 school year the student enrolment at this school was
1,623 students (97% utilization) including 724 students from out of attachment.
8)Intergovernmental Issues:
i)Local Government Act:
An amendment to the OCP requires the local government to consult with any affected
parties and to adopt related bylaws in compliance with the procedures outlined in Section
477 of the Local Government Act. The amendment required for this application, to adjust
the boundary between the Conservation and Urban Residential designations, is considered
to be minor in nature. It has been determined that no additional consultation beyond
existing procedures is required, including referrals to the Board of the Regional District, the
Council of an adjacent municipality, First Nations, the School District or agencies of the
Federal and Provincial Governments.
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no
impact.
CONCLUSION:
This development proposal has responded sensitively, albeit has a higher density than is typical of
townhouse projects, to significant site constraints, including: the triangular shape of the lot and
environmentally sensitive lands impacting about half the site. A series of bio-filtration ponds have
been integrated into the site landscaping achieving City stormwater management requirements.
In considering first reading, Council expressed concern with the additional density being sought
without some reciprocation in provision of affordable housing or a voluntary in lieu contribution and
with some aspects of the tandem parking being proposed. The applicant’s proposed solutions are
included in the main body of this report and assessed by staff with respect to applicable OCP
policies, Council’s evolving thinking about housing choice and affordability, common development
practices and the types of solutions attained though other similar development proposals.
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It is recommended that first and second reading be given to OCP Amending Bylaw No. 7499-2018,
that second reading be given to Zone Amending Bylaw No. 7442-2018, and that application 2017-
390-RZ be forwarded to Public Hearing.
“Original signed by Adrian Kopystynski”
_______________________________________________
Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP
Planner
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – OCP Amending Bylaw No. 7499-2018
Appendix D – Zone Amending Bylaw No. 7442-2018
Appendix E – Site Plan
Appendix F – Architectural Plans
Appendix G – Landscape Plan
DATE: Sep 8, 2017
2017-390-RZ
23084/23100 Lougheed Highway
PLANNING DEPARTMENT
SUBJECT PROPERTIES
´
Scale: 1:2,500 BY: JV
Legend
Stream
Indefinite Creek
River
Major Rivers & Lakes
APPENDIX A
DATE: Sep 8, 2017
2017-390-RZ
23084/23100 Lougheed Highway
PLANNING DEPARTMENT
SUBJECT PROPERTIES
Aerial Imagery from the Spring of 2016´
Scale: 1:2,500 BY: JV
Legend
Stream
Indefinite Creek
River
Major Rivers & Lakes
APPENDIX B
CITY OF MAPLE RIDGE
BYLAW NO. 7499-2018
A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014
_______________________________________________________________________________
WHEREAS Section 477 of the Local Government Act provides that the Council may revise the Official
Community Plan;
AND WHEREAS it is deemed expedient to amend Schedules "B" & "C" to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows:
1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 7499-2018
2.Schedule "B" is hereby amended for that parcel or tract of land and premises known and
described as:
Parcel “One” (Explanatory Plan 10002) of Parcel “K” District Lot 403 Group 1 New
Westminster District Except: Part on Statutory Right of Way Plan 71204; and
Lot 1 Except: Part on Statutory Right of Way Plan 71204 District Lot 403 Group 1 New
Westminster District Plan 7720.
and outlined in heavy black line on Map No. 982, a copy of which is attached hereto and
forms part of this Bylaw, is hereby designated/amended as shown.
3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and
described as:
Parcel “One” (Explanatory Plan 10002) of Parcel “K” District Lot 403 Group 1 New
Westminster District Except: Part on Statutory Right of Way Plan 71204; and
Lot 1 Except: Part on Statutory Right of Way Plan 71204 District Lot 403 Group 1 New
Westminster District Plan 7720.
and outlined in heavy black line on Map No. 983, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding and removing Conservation.
APPENDIX C
4.Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly.
READ a first time the day of , 20
READ a second time the day of , 20
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED, the day of ,20 .
___________________________________ _____________________________
PRESIDING MEMBER CORPORATE OFFICER
232 ST.HA
N
E
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LMS 1362P 76016LOUGHEED HWYLOUGHEED HWY232 ST232 STHANE
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P 6
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6
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3 EP 68713
´
SCALE 1:2,500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From:
To:
Urban Residential and Conservation
Conservation Urban Residential
7499-2018982
232 ST.HA
N
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S 230 ST.2305423084
113
5
2
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LMS 1362P 76016LOUGHEED HWYLOUGHEED HWY232 ST232 STHANE
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6
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3 EP 68713
´
SCALE 1:2,500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:To Amend Schedule C as shown
To Add To Conservation To Remove From Conservation
7499-2018983
CITY OF MAPLE RIDGE
BYLAW NO. 7442-2018
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7442-2018
2.That/Those parcel (s) or tract (s) of land and premises known and described as:
Parcel “One” (Explanitory Plan 10002) of Parcel “K” District Lot 403 Group 1 NWD
Except: Part on Statutory Right of Way Plan 71204; and Lot 1 Except: Part on Statutory
Right of Way Plan 71204 District Lot 403 Group 1 NWD Plan 7720
and outlined in heavy black line on Map No. 1753 a copy of which is attached hereto and
forms part of this Bylaw, is/are hereby rezoned to RM-4 (Multiple Family Residential).
3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto
are hereby amended accordingly.
READ a first time the 13th day of March, 2018.
READ a second time the day of , 20
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
APPROVED by the Ministry of Transportation and Infrastructure this day of
, 20
ADOPTED, the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
APPENDIX D
OLUNDTE
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LMP 24386
LMP 24611BCP 30456
´
SCALE 1:3,000
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
RM-4 (Multiple Family Residential)
7442-20181753
APPENDIX E
APPENDIX F
APPENDIX G
REPORT; Community Emergency Protection Fund Application Page 1 of 2
Date: October 2, 2018
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO:
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Community Emergency Protection Fund Application
EXECUTIVE SUMMARY:
Through Emergency Management of British Columbia (EMBC), the City of Maple Ridge has made an
application to the Community Emergency Preparedness Fund (CEPF) under the 2018 Structural
Flood Mitigation Program. In response to past freshet events the City of Maple Ridge constructed
temporary flood protection works along Tamarak Lane to increase the level of protection against
flooding. This project would raise Tamarak Lane to an elevation that would eliminate the need for
those temporary measures. Tamarak Lane is part of Road 13 diking district.
A condition of the CEPF application approval process is that proposed works are supported by a
Council resolution.
RECOMMENDATION(S):
That the application for Community Emergency Preparedness Funding (CEPF) 2018 Structural Flood
Mitigation Program project be supported; and further
That the City provide overall grant management for the project.
DISCUSSION:
a)Background Context:
Over the past decade Maple Ridge has experienced a number of freshet events. As part of
the City’s Emergency Response Planning during a freshet, temporary flood protection works
are installed along Tamarak Lane. This project would see that section of Tamarak Lane
raised to an elevation that would eliminate the need for the temporary measures.
b)Citizen/Customer Implications:
Property owners accessing Tamarak Lane will be consulted prior to the work being advanced.
c)Business Plan/Financial Implications:
The total value of the CEPF grant is $117,000. Tamarack Lane road surface restoration is
included within the existing Annual Capital Paving Program. The project will also eliminate the
need for temporary measures during freshet events.
1104
REPORT; Community Emergency Protection Fund Application Page 1 of 2
Date: October 2, 2018
d)Alternatives:
This work could be funded through new capital funding or, alternatively the project could be
cancelled resulting in no flood protection improvements.
CONCLUSIONS:
The Union of BC Municipalities (UBCM) Community Emergency Protection Fund (CEPF) provides an
opportunity for the City of Maple Ridge to raise Tamarak Lane to an elevation that would eliminate
the need for temporary measures during freshet events. A condition of CEPF application approval
process is that the proposed work applied for be supported by a Council resolution. This report seeks
that resolution from Council.
“Original signed by Scott Salsbury”
Prepared by: Scott Salsbury,
Superintendent of Sewerworks
“Original signed by James Storey”
Approved by: James Storey,
Director of Engineering Operations
“Original signed by Frank Quinn”
Approved by: Frank Quinn, MBA, P.Eng
GM Public Works & Development Services
“Original signed by Paul Gill”
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
Page 1 of 3
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 11-5255-50-096
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: 225 Street Sewage Pump Station Upgrades - Purchase of Flygt Pumps
EXECUTIVE SUMMARY:
The 225 Street Sewage Pump Station located adjacent to the Haney Bypass conveys sewage via the
existing South Slope Forcemain west along River Road to Best Street where it discharges into a
Greater Vancouver Sewerage and Drainage District trunk sewer and ultimately to the Katzie Pump
Station. To meet the long-term needs of the City, both the pump station and forcemain need to be
upgraded to reliably convey increasing sewer flows.
On June 13, 2017, Council approved the award of the pump station and forcemain design to
Associated Engineering (B.C.) Ltd.
The construction schedule is divided into phases; Phase 1 includes the pump station upgrades and
the forcemain installation from the pump station to the intersection of Lougheed Highway and
Carshill Street. Phase 2 and Phase 3 which are the forcemain upgrades west of Carshill Street are
scheduled in the 2019 and 2020 Financial Plan. The Phase 1 works will be included in the Ministry
of Transportation and Infrastructure (MoTI) project to reconstruct the Haney Bypass that is
scheduled to be tendered in the fall 2018 with construction starting in January 2019.
In March 2017 the City received a grant of $998,905 from the Province for the 225 Street Pump
Station and Forcemain Upgrade under the Clean Water and Wastewater Fund which requires that
the project be completed by March 31, 2019. The City will utilize the grant funds to complete the
pump station design and purchase the four new sewage pumps required as part of the pump station
upgrades.
The purpose of this report is to seek Council approval to purchase the four pumps for the 225 Street
Pump Station from Xylem Canada Company on a sole-source basis.
RECOMMENDATION:
THAT the contract for the Sewage Pump Station: Pumps, Parts Service be awarded to Xylem Canada
Company in the amount of $562,236.46 excluding taxes; and
THAT the Corporate Officer be authorized to execute the Contract.
1105
Page 2 of 3
DISCUSSION:
a)Background Context:
To meet the long-term needs of the City, both the 225 Street Sewage Pump Station and
forcemain need to be upgraded to reliably convey increasing sewer flows. The pump station,
located adjacent to the Haney Bypass, conveys sewage via the existing South Slope
Forcemain west along River Road to Best Street where it discharges into a Greater
Vancouver Sewerage and Drainage District trunk sewer and ultimately to the Katzie Pump
Station.
These upgrades are in the City’s approved 2017-2021 Capital Program, and Council
approved the award of the pump station and forcemain design to Associated Engineering
(B.C.) Ltd. on June 13, 2017.
The construction schedule is divided into phases; Phase 1 includes the pump station
upgrades and the forcemain installation from the pump station to the intersection of
Lougheed Highway and Carshill Street. Phase 2 and Phase 3 which are the forcemain
upgrades west of Carshill Street are scheduled in the 2019 and 2020 Financial Plan. The
Phase 1 works will be included in the Ministry of Transportation and Infrastructure (MoTI)
project to reconstruct the Haney Bypass that is scheduled to be tendered in the fall 2018
with construction starting in January 2019.
In March 2017 the City received a grant of $998,905 from the Province for the 225 Street
Pump Station and Forcemain Upgrade under the Clean Water and Wastewater Fund which
requires that the project be completed by March 31, 2019. The City will utilize the grant
funds to complete the pump station design and purchase the four new sewage pumps
required as part of the pump station upgrades.
The City currently operates 30 sewage pump stations with 64 sewage pumps, all of which are
manufactured by Flygt. Flygt pumps are solely manufactured and exclusively distributed in
BC by Xylem, and so the purchase of the Flygt pumps will not be tendered as the
procurement is in line with the City’s Purchasing Policy sole sourcing paramaters for
standardized equipment. The purchase costs are consistent with market costs.
b)Interdepartmental Implications:
The Engineering, Purchasing and Operations Departments have reviewed the quote and are
in agreement with the purchase of the Flygt pumps for the 225 Street Pump Station Upgrade
Project.
c)Business Plan/Financial Implications:
The South Slope Forcemain Upsizing and Pump Station Modifications project is in the current
Capital Plan. The purchase of the pumps for a sum of $562,236.46, excluding taxes is
funded 100% by grand monies from the Clean Water and Wastewater Fund.
The project, specifically the design and sizing of the new pumps, has been accelerated to
meet the Provincial requirements to utilize the funding by the stipulated completion date of
March 31, 2019.
Page 3 of 3
CONCLUSIONS:
The City utilizes Flygt pumps exclusively on all City pump stations to ensure consistency and
maximise operational efficiency. This report recommends approval to purchase the four new Flygt
sewage pumps amounting to $562,236.46, excluding taxes.
“Original signed by Maria Guerra” “Original signed by Trevor Thompson”
Prepared by: Maria Guerra, PEng. Financial Trevor Thompson, BBA, CPA, CGA
Acting Manager of Design & Construction Concurrence: Chief Financial Officer
“Original signed by David Pollock”
Reviewed by: David Pollock, PEng.
Municipal Engineer
“Original signed by Frank Quinn”
Approved by: Frank Quinn, MBA, PEng.
General Manager Public Works & Development Services
“Original signed by Paul Gill”
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
Page 1 of 4
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 11-5380-01
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Renewal of Recycle BC (Formerly MMBC) Contract for Packaging and Printed
Paper
EXECUTIVE SUMMARY:
The amendment of the BC Recycling Regulation in 2011 to include the collection and recycling of
Packaging and Printed Paper (PPP) obligated industry to assume Extended Producer Responsibility
(EPR) role for materials defined as PPP. A not-for-profit agency, Multi-Material British Columbia
(MMBC) was established to develop a Stewardship Plan for PPP to comply with the Provincial
regulation. The Province approved the Stewardship Plan for PPP prepared by MMBC in 2013
whereby MMBC provided a financial incentive to municipalities to collect PPP at the curb, as well as
operating a recycling depot.
Municipalities throughout BC were presented with three options in 2013 - accept the MMBC offer
and continue to undertake curbside collection of PPP; decline the offer and have MMBC select a
contractor to collect curbside recyclables and transition out of the collection operation, or decline the
offer and opt out of the MMBC plan and continue to provide curbside collection services without
receiving the MMBC financial incentive. The City chose to participate in the PPP program and have
Ridge Meadows Recycling Society (RMRS) collect the curbside recyclables as well as operate the
Depot in Albion.
The contract is now up for renewal for another five year term and MMBC, now renamed Recycle BC
has issued Statements of Work documents for Curbside collection, Multi-Family collection and Depot
collection. The City has the same options as before – it may accept the offers and continue to collect
recyclables; decline and have Recycle BC select a contractor to provide the recycling collection
service, or decline to participate in the Recycle BC plan and continue to collect recyclables and sell
the commodities on the open market without receiving any financial incentive from Recycle BC.
As noted, RMRS currently collect the recyclable materials at Curbside, Multi-family and the Depot.
RMRS staff have indicated that the current contract has been expedited with few problems, driven
largely by the current multi-stream collection program in the City that produces high quality
commodities with minimal contamination. The City has not had Recycle BC undertake any waste
audits to determine contamination rates whereas other municipalities throughout the Lower
Mainland have struggled to meet targets and some have had to pay significant fines.
The City also provides curbside glass collection and receives a financial incentive from Recycle BC
for that commodity.
The Recycling Regulation also requires that Recycle BC develop a plan to collect PPP from
streetscapes but to date there has been little progress on this issue. Recycle BC has undertaken a
small number of pilot projects but has not developed a feasible, cost-effective model for streetscape
collection citing challenges with poorly sorted, heavily contaminated materials. Municipalities
believe that the development of a streetscape collection program for PPP is necessary but it has to
reflect the actual costs of providing such a service.
1106
Page 2 of 4
Recycle BC is now asking municipalities to confirm their interest in continuing to participate in the
PPP Program for the next five years. The financial incentives in the updated Statements of Work are
modest and do not include provision for annual inflationary costs and the threshold for
contamination is lower, although this is not a real concern for the City.
Council, in it’s deliberations on solid waste over this term has indicated support for RMRS continuing
to provide curbside and depot recycling services. Should this position change, the contract with
Recycle BC does have termination clauses to allow the City to move in a different direction with
respect to the provision of recycling services.
The purpose of this report is to present the Recycle BC Statements of Work to Council for
consideration and direction as attached.
RECOMMENDATIONS:
THAT Recycle BC be notified of the City’s intent to enter into a new five year agreement; and
THAT the Corporate Officer be authorized to execute a finalized Statements of Work for Curbside
Collection Services, Multi-Family Building Collection Services, and Depot Collection Services; and
further
THAT a letter be sent to the Province requesting that Recycle BC be directed to develop a fully-
funded Packaging and Printed Paper Initiative for Streetscape Collection.
DISCUSSION:
a)Background Context:
The BC Recycling Regulation was amended by the Province in 2011 to include the collection and
recycling of Packaging and Printed Paper (PPP) that obligated the industry to assume Extended
Producer Responsibility (EPR) role for the materials defined as PPP. Subsequently, a not-for-
profit agency, Multi-Material British Columbia (MMBC) was established to develop a Stewardship
Plan for PPP that was approved by the Province in 2013 whereby MMBC provided a financial
incentive to municipalities to collect PPP at the curb as well as operating a depot, where
appropriate.
Municipalities had three options in 2013 - accept the MMBC offer and continue to undertake
curbside collection of PPP; decline the offer and have MMBC select a contractor to collect
curbside recyclables and transition out of the collection operation, or decline the offer and opt
out of the MMBC plan and continue to provide curbside collection services but without receiving
the MMBC financial incentive. Along with the majority of municipalities in Metro Vancouver the
City chose to participate in the PPP program and have Ridge Meadows Recycling Society (RMRS)
collect the curbside recyclables as well as operate the Depot in Albion.
The contract is now up for renewal for another five year term and MMBC, now renamed Recycle
BC has issued Statements of Work documents for Curbside collection, Multi-Family collection
and Depot collection. The City has the same options as before – it may accept the offers and
continue to collect recyclables; decline and have Recycle BC select a contractor to provide the
recycling collection service; or decline to participate in the Recycle BC plan and continue to
collect recyclables and sell the commodities on the open market without receiving any financial
incentive from Recycle BC.
Page 3 of 4
As noted, RMRS collect the recyclable materials at Curbside, Multi-family and the Depot. RMRS
staff have indicated that the current contract has been expedited with few problems, driven
largely by the current multi-stream collection program in the City that results in high quality
commodities with minimal contamination. The City has not had Recycle BC undertake any waste
audits to determine contamination rates whereas other municipalities throughout the Lower
Mainland have struggled to meet targets and some have had to pay significant fines.
The City also provides curbside glass collection and receives a financial incentive from Recycle
BC for that commodity.
The Recycling Regulation requires that Recycle BC’s plan include the collection of PPP from
streetscapes but to date there has been little progress on this issue. Recycle BC has undertaken
a small amount of pilot projects but has not developed a feasible model for streetscape
collection citing challenges with poorly sorted, heavily contaminated materials. Municipalities
believe that the development of a streetscape collection program for PPP is necessary but it has
to reflect the actual costs of providing such a service.
Recycle BC is now asking municipalities to confirm their interest in continuing to participate in
the PPP Program for the next five years. The financial incentives in the updated Statements of
Work are modest and do not include provision for annual inflationary costs and the threshold for
contamination is lower, although this is not a real concern for the City.
b)Desired Outcome:
The goal of Recycle BC’s PPP Plan is to maximise the diversion of recyclable materials out of the
solid waste stream as much as possible.
c)Strategic Alignment:
The City’s goals of sustainability align with the targets in Recycle BC’s PPP Plan but their process
appears to do little to address the goal of reducing the amount of packaging and printed paper at
the front end.
d)Citizen/Customer Implications:
Having RMRS continue to collect the curbside recyclables and operate the Depot will ensure that
residents have access to a high quality recycling service that reflects the City’s commitment to
recycling and sustainability.
e)Interdepartmental Implications:
RMRS has an excellent working partnership with the City. The Operations Department will
continue to manage the RMRS vehicle fleet and the Engineering Department will continue to
liaise with RMRS on the management of the recycling functions.
f)Business Plan/Financial Implications:
The City received $1,165,000 from Recycle BC for curbside and multi-family collection in 2017.
Under the proposed rates of the new contract the City would receive $1,182,700, an increase of
approximately 1.6%.
The depot offer is based upon material tonnages and using the total volumes from 2017
indicates an increase in revenue from $255,000 to $455,000, equivalent to a 78% increase due
largely to increased rates for foam and film. The increase in revenue will be partially offset by
increased labour costs to comply with the more stringent limits for contamination.
Page 4 of 4
g)Alternatives:
The City has two options should the decision be made to not accept the Recycle BC offer: have
Recycle BC select a contractor to collect curbside recyclables and transition out of the collection
operation; or, decline the offer and opt out of the Recycle BC plan and continue to provide
curbside collection services without receiving the Recycle BC financial incentive. The second
alternative carries a considerable level of risk given the volatility of commodity prices on the
worldwide market.
CONCLUSIONS:
The first five year contract with Recycle BC (formerly MMBC) was generally favourable for the City
and the proposed five year extension does provide guaranteed financial incentives in a volatile
worldwide commodities market.
“Original signed by David Pollock”
Prepared by: David Pollock, PEng.
Municipal Engineer
“Original signed by Frank Quinn”
Approved by: Frank Quinn, MBA, PEng.
General Manager Public Works & Development Services
“Original signed by Paul Gill”
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
DP/dp
Att: Recycle BC Statements of Work
- 1 -
Recycle BC LG Curbside SOW June 22, 2018
SCHEDULE 2.1(a)
STATEMENT OF WORK FOR CURBSIDE COLLECTION SERVICES PROVIDED BY LOCAL
GOVERNMENT
This Statement of Work is incorporated into and forms part of the Master Services Agreement made
between City of Maple Ridge then known as District of Maple Ridge (“Contractor”) and MMBC Recycling
Inc. carrying on business as Recycle BC (“Recycle BC”) made as of November 30, 2013 (the
“Agreement”). The effective date of this Statement of Work (the “SOW Effective Date”) is November 30,
2018.
SECTION 1. Interpretation
1.1 Definitions. In this Statement of Work (including the attachments hereto), the following terms will
have the following meanings. Capitalized terms used but not defined in this Statement of Work
will have the respective meanings ascribed to them in the Agreement.
“Agreement” has the meaning set out on the first page of this Statement of Work.
“Container” means any reusable bin, box, tote, bag, open container or cart acceptable to Recycle
BC used for household storage and curbside set-out of In-Scope PPP in the performance of this
Statement of Work but, for the avoidance of doubt, does not include single-use bags.
“Corrugated Cardboard” means paper-based material consisting of a fluted corrugated sheet
and one or two flat linerboards.
“Curb” or “Curbside” means a location within one metre of a Public Street or Private Road.
“Curbside Collection” has the meaning set out in Section 2.1.
“Curbside Household” means a self-contained dwelling unit providing accommodation to one or
more people, including (i) single-family dwellings, (ii) buildings with up to four suites and (iii)
rowhouses and townhouses, in each case where the resident of each unit is expected to
individually deliver In-Scope PPP to the Curb for collection.
“Curbside Household Baseline” has the meaning set out in Attachment 5.
“Customer” means residents of Curbside Households within the Service Area.
“Designated Post-Collection Facility” means the facility at which Contractor delivers
Contractor-collected In-Scope PPP to the Designated Post-Collection Service Provider.
“Designated Post-Collection Service Provider” means the entity, designated by Recycle BC, to
receive Contractor-collected In-Scope PPP.
“In-Scope PPP” means the PPP set out in Attachment 2.1.2 and such other materials identified
as In-Scope PPP by Recycle BC in writing from time to time.
“Industrial, Commercial and Institutional” or “ICI” means any operation or facility other than a
Curbside Household, including but not limited to industrial facilities such as warehouses,
distribution centres, manufacturing facilities; commercial facilities such as retail stores, offices,
strip malls and vacation facilities, such as hotels, motels, cottages, cabins and rental, co-
operative, fractional ownership, time-share or condominium accommodation associated with
sports and leisure facilities (e.g., ski resorts); and, institutional facilities such as schools,
churches, community buildings, local government buildings, arenas, libraries, fire halls, police
- 2 -
Recycle BC LG Curbside SOW June 22, 2018
stations and residences at which medical care is provided, such as nursing homes, long-term
care facilities and hospices.
“Missed Collection” means any failure of Contractor to collect In-Scope PPP that has been set
out by a Customer on the Customer’s scheduled collection day by the appointed set out time.
“Not Accepted Materials” means, collectively, any material that is not PPP (as that term is
defined in the Agreement).
“Private Road” means a privately-owned and maintained way that allows for access by a service
vehicle and that serves multiple residences.
“Public Street” means a public right-of-way used for public travel, including public alleys.
“Service Area” means the geographic area delineated in Attachment 2.1.1.
“Service Commencement Date” means November 30, 2018.
“SOW Effective Date” has the meaning set out on the first page of this Statement of Work.
“SOW Services” has the meaning set out in Section 2.
“SOW Term” has the meaning set out in Section 4.
1.2 Attachments. As of the Effective Date, the following Attachments form part of this Agreement
(note that Attachment numbering is not sequential and is based on a related section reference):
Attachment Description
Attachment 2.1.1 - Service Area
Attachment 2.1.2 - In-Scope PPP
Attachment 3.4 - Service Level Failures
Attachment 5 - Fees
SECTION 2. Services
Contractor will provide, on the terms and conditions set out in the Agreement as supplemented and
modified by the terms and conditions of this Statement of Work, the following Services (the “SOW
Services”):
2.1 Curbside Collection Services. Beginning on the Service Commencement Date, Contractor will
collect In-Scope PPP at Curbside from all Customers within the Service Area as further described
in this Section 2.1 (“Curbside Collection”) and in accordance with the terms of the Agreement
and this Statement of Work.
2.1.1 Service Area.
(a) Contractor will perform Curbside Collection from Curbside Households in the
Service Area.
(b) Changes to the Service Area will be made in accordance with the change
process set out in Section 2.2 of the Agreement.
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Recycle BC LG Curbside SOW June 22, 2018
(c) Notwithstanding the Curbside Household Baseline and subject to Sections
2.1.2(g) and 2.1.4(e), Contractor is obligated to provide Curbside Collection from
all Curbside Households in the Service Area.
(d) Contractor will collect In-Scope PPP only from ICI locations approved by Recycle
BC in advance. Recycle BC shall have the right, exercisable at any time in its
sole discretion, to revoke its approval of any one or more ICI locations.
(e) Contractor will not be entitled to receive any Fees or other payments in respect of
In-Scope PPP collected from ICI locations and will be solely responsible for all
costs associated with the collection and post-collection management of In-Scope
PPP collected from ICI locations. Recycle BC reserves the right to develop and
apply a methodology, at its own sole discretion, for calculating the amount of In-
Scope PPP from ICI locations included in the Contractor-collected In-Scope PPP
delivered to the Designated Post-Collection Facility (the “Determined ICI
Amount”). Without limiting the generality of the foregoing, Contractor
acknowledges and agrees that Contractor will be solely responsible for any costs
or fees charged by the Designated Post-Collection Service Provider in respect of
the Determined ICI Amount.
2.1.2 PPP Materials.
(a) Contractor will collect (i) all In-Scope PPP from all Customers that is placed in
Containers (including both Contractor-provided and Customer-owned
Containers) and (ii) any Corrugated Cardboard that is flattened and stacked by
the Customers’ Container (or stacked alone if no Container is present).
(b) Materials collected by Contractor may not contain more than 3% by weight of Not
Accepted Materials. Loads exceeding 3% by weight of Not Accepted Materials
may be subject to rejection by the Designated Post-Collection Service Provider
and may result in Service Level Failure Credits.
(c) Materials collected by Contractor may not contain (i) any packaging containing
hazardous or special waste or (ii) Categories 4, 5 or 9.
(d) If Contractor collects In-Scope PPP in multi-stream , Contractor must ensure that:
(i) loads of Categories 1, 2 and 3(b) do not contain more than 1% by weight
of Categories 3(a), 6 and 7; and
(ii) loads of Categories 3(a), 6 and 7 do not contain more than 3% by weight
of Categories 1, 2 and 3(b).
(e) Subject to Section 2.1.2(h), Contractor must ensure that loads of Categories 1, 2,
3(a), (3(b), 6 and 7 (whether collected in a single stream or a multi-stream) do
not contain more than 3% by weight of Category 8.
(f) If Contractor collects Category 8 segregated from other In-Scope PPP,
Contractor must ensure that such material stream does not contain more than
1.5% by weight of Not Accepted Materials and other categories of In-Scope PPP
(individually or in the aggregate). Loads of segregated Category 8 exceeding
1.5% by weight of Not Accepted Materials and other categories of In-Scope PPP
(individually or in the aggregate) may be subject to rejection by the Designated
Post-Collection Service Provider and may result in Service Level Failure Credits.
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Recycle BC LG Curbside SOW June 22, 2018
(g) Contractor will implement and maintain reasonable procedures to ensure that
loads delivered to the Designated Post-Collection Facility comply with the
requirements set forth in this Section 2.1.2, including procedures to monitor the
content of collected materials and procedures to notify and reject material from
Customers who do not comply with such requirements. Such procedures are
subject to review by Recycle BC at any time and from time to time. If Recycle BC
determines that such procedures are inadequate, Contractor will adopt such
procedures as Recycle BC may reasonably require in order to ensure
compliance with this Section 2.1.2.
(h) If immediately prior to the SOW Effective Date Contractor (i) did not provide
Curbside Collection from Curbside Households in the Service Area or (ii) did not
provide Curbside Collection from Curbside Households in the Service Area
pursuant to a statement of work with Recycle BC, Contractor will not be required
to comply with Section 2.1.2(e) until the six month anniversary of the Service
Commencement Date. If Contractor is not in compliance with Section 2.1.2(e) by
the six month anniversary of the Service Commencement Date, Contractor will,
within 90 days, prepare and submit to Recycle BC for approval a remediation
plan designed to reduce the quantity of Category 8 to the required level.
Following approval of the remediation plan by Recycle BC, Contractor will use its
best efforts to implement the plan and provide monthly reporting to Recycle BC
detailing the progress and outcomes of the remediation plan. If Contractor is not
in compliance with Section 2.1.2(e) within 90 days after implementing the
remediation plan, Contractor will work with Recycle BC to establish additional
changes and to adopt best practices recommended by Recycle BC in order to
achieve the stated objective.
2.1.3 Collection.
(a) Contractor will not place limits on the quantity of In-Scope PPP collected from
Customers.
(b) Contractor will pick up In-Scope PPP placed by Customers (in accordance with
Section 2.1.2(a)) at the Curb along the collection vehicle route, which may be a
Public Street or a Private Road.
(c) Subject to Section 2.1.3(d), Contractor will perform Curbside Collection from
each Curbside Household in the Service Area no more frequently than weekly
and no less frequently than bi-weekly.
(d) If Contractor collects Category 8 segregated from other In-Scope PPP,
Contractor will collect Category 8 from each Curbside Household in the Service
Area no more frequently than weekly and no less frequently than once every
month.
(e) Contractor will make collections in an orderly, non-disruptive, and quiet manner,
and will return Containers (including, in the case of carts, with their lids closed) in
their set out location in an orderly manner. The location of returned Containers
should not block sidewalks, driveways, or on street parking.
(f) If Contractor provided Curbside Collection from Curbside Households in the
Service Area immediately prior to the Service Commencement Date, Contractor
will provide Curbside Collection services that meet or exceed the level of service
provided by Contractor prior to the Service Commencement Date.
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Recycle BC LG Curbside SOW June 22, 2018
2.1.4 Containers.
(a) Except to the extent and on the conditions otherwise approved by Recycle BC in
writing, Contractor will, at Contractor’s cost, provide Containers to each Curbside
Household in the Service Area that provide Customers with sufficient volume to
accommodate In-Scope PPP generated by Customers between collections so
that Container capacity is not a barrier to Customer use of the Curbside
Collection service.
(b) Except to the extent and on the conditions otherwise approved by Recycle BC in
writing, if Curbside Households or geographical areas are added to a Service
Area under Section 2.1.1(b), Contractor will deliver Containers to any new
Curbside Households added to the Service Area at least ten Business Days prior
to the start date provided by Recycle BC.
(c) Except to the extent and on the conditions otherwise approved by Recycle BC in
writing, Contractor will deliver a Container to a requesting Customer within seven
Business Days of the Customer’s initial request.
(d) If any Customers choose to provide their own Containers, Contractor will handle
the Customer-owned Containers in such a way as to prevent undue damage, and
Contractor will be responsible for unnecessary or unreasonable damage to
Customer-owned Containers.
(e) In the event that a particular Customer repeatedly damages a Container or
requests more than one replacement Container more frequently than a time
period allowing for reasonable wear and tear during the SOW Term, Contractor
may charge Customer for the depreciated value of the replaced Container. In the
event that the problem continues, Contractor may discontinue service to that
Customer provided Recycle BC provides prior written approval.
(f) If Contractor did not provide Curbside Collection from Curbside Households in
the Service Area immediately prior to the Service Commencement Date,
Contractor will deliver Containers that meet the requirements set out in this
Agreement to each Customer in the Service Area at least ten Business Days
prior to the Service Commencement Date unless otherwise approved by Recycle
BC in writing.
(g) Contractor may not collect In-Scope PPP in single-use bags except in
accordance with Section 2.1.4(h).
(h) If Contractor provided Curbside Collection from Curbside Households in the
Service Area immediately prior to the Service Commencement Date and, at such
time, collected In-Scope PPP in single-use bags, Contractor will:
(i) except to the extent and on the conditions otherwise approved by
Recycle BC in writing, deliver Containers that meet the requirements set
out in this Agreement to each Curbside Household in the Service Area at
least ten Business Days prior to July 1, 2020; and
(ii) not collect In-Scope PPP in single-use bags after July 1, 2020.
(i) If Contractor (i) is transitioning from single-use bags to Containers pursuant to
Section 2.1.4(h) or (ii) proposes to change the type of Container it uses for
Curbside Collection in the Service Area, Contractor will submit a detailed
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Recycle BC LG Curbside SOW June 22, 2018
transition plan to Recycle BC a minimum of six months prior to the scheduled or
planned change. Any change to the type of Containers used for Curbside
Collection in the Service Area is subject to approval in writing by Recycle BC,
which approval will not be unreasonably withheld.
2.1.5 Designated Post-Collection Facility.
(a)Contractor will deliver all collected In-Scope PPP to the Designated Post-
Collection Facility on the day of collection, unless alternative arrangements have
been approved in writing by Recycle BC. If Contractor is unable to deliver
collected In-Scope PPP to the Designated Post-Collection Facility on the day of
collection for an unforeseen reason outside Contractor’s reasonable control,
Contractor will deliver such collected In-Scope PPP to the Designated Post-
Collection Facility as soon as possible thereafter and will store such In-Scope
PPP during the interim in a safe and secure manner. Contractor may not charge
any amounts to the Designated Post-Collection Service Provider in connection
with such storage. Contractor will not deliver In-Scope PPP to any location other
than the Designated Post-Collection Facility or dispose of any collected In-Scope
PPP without prior written authorization from Recycle BC.
(b)Contractor will deliver all collected In-Scope PPP to the Designated Post-
Collection Facility segregated, at a minimum, in the manner set out in Attachment
2.1.2.
(c)If Contractor collects Categories 1, 2, 3(a), 3(b), 6 and 7 in multi-stream,
Contractor must (i) unload Categories 1, 2 and 3(b) in a separate bunker or other
location than Categories 3(a), 6 and 7 and (ii) unload Categories 3(a), 6 and 7 in
a separate bunker or location than Categories 1, 2 and 3(b), in each case as
directed by the Designated Post-Collection Service Provider. Loads delivered in
violation of this Section 2.1.5(c), including as a result of driver error or
mechanical failure, may be subject to a Service Level Failure Credit.
(d)Contractor will follow all reasonable instructions and procedures regarding the
delivery of In-Scope PPP as directed by the Designated Post-Collection Service
Provider and Recycle BC, including but not limited to instructions and procedures
pertaining to health and safety, delivery and unloading of In-Scope PPP, audit
procedures and weigh scale operation.
(e)If Contractor is scheduled to collect In-Scope PPP from Curbside Households in
the Service Area on a holiday, Contractor will coordinate directly with the
Designated Post-Collection Service Provider a minimum of ten Business Days in
advance of such holiday in order to schedule the delivery of such In-Scope PPP.
(f)If the Service Area is within the Metro Vancouver Regional District, the
Designated Post-Collection Facility will be located within 30 minutes (on average
based on typical traffic conditions between 10 am and 2 pm Monday to Friday)
from the Service Area boundary at the point of least distance to the Designated
Post-Collection Facility.
(g)If the Service Area is not within Metro Vancouver Regional District, the
Designated Post-Collection Service Provider will locate the Designated Post-
Collection Facility within 60 kilometers from the Service Area boundary at the
point of least distance to Designated Post-Collection Facility. If delivery to the
Designated Post-Collection Facility requires the use of a ferry, then delivery
boundary is the ferry terminal and the portion of the trip that requires ferry travel
is to be the responsibility of the Designated Post-Collection Service Provider. If
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Recycle BC LG Curbside SOW June 22, 2018
the Designated Post-Collection Service Provider has used commercially
reasonable efforts to locate the Designated Post-Collection Facility within such
area but is unable to do so, Contractor will not be required to deliver In-Scope
PPP to the Designated Post-Collection Facility except on terms mutually
acceptable to Contractor and the Designated Post-Collection Service Provider.
(h) Recycle BC may change the location of the Designated Post-Collection Facility
upon 30 days’ written notice. If Recycle BC changes the location of the
Designated Post-Collection Facility such that the new location is greater than 10
kilometers beyond the applicable maximum distance set out in Section 2.1.5(f) or
(g), as the case may be, such change will be made pursuant to the change
process in Section 2.2 of the Agreement (provided that Contractor may not
refuse such a change).
(i) Unless Recycle BC otherwise agrees in writing, Contractor may not consolidate
or otherwise sort In-Scope PPP collected from Customers in the Service Area
before delivering such materials to the Designated Post-Collection Facility. Such
approval may be subject to such conditions or procedures as Recycle BC
considers appropriate or necessary in the circumstances and may be revoked at
any time by Recycle BC in its sole discretion, including without limitation if
Contractor has failed to comply with such conditions or procedures.
(j) If the Designated Post-Collection Service Provider rejects a load of In-Scope
PPP from Contractor due to a verified claim that such load contains more than
3% by weight of Not Accepted Materials or contains any hazardous or special
waste, Recycle BC reserves the right to designate alternative procedures and
requirements associated with that load and to deduct any additional costs
associated therewith from the Fees otherwise due to Contractor.
2.1.6 Spillage.
(a) All loads collected by Contractor will be completely contained in collection
vehicles at all times, except when material is actually being loaded. Hoppers on
all collection vehicles will be cleared frequently to prevent the occurrence of
blowing or spillage.
(b) Any spillage of materials that occurs during Curbside Collection will be
immediately cleaned up or removed by Contractor at its sole expense.
Contractor will keep accurate records of each occurrence of spillage and of its
clean-up, and will make such records available to Recycle BC on request and, if
requested by Recycle BC, as part of a regular report to be delivered with such
frequency as requested by Recycle BC (but not more frequently than monthly).
Contractor expressly acknowledges it is solely responsible for any violations of
Applicable Law that may result from said spillage.
(c) Without limiting Section 2.1.6(b) above, Contractor will maintain all collection
vehicles to ensure that no liquid wastes (e.g., leachate) or oils (e.g., lubricating,
hydraulic, or fuel) are discharged to Customer premises or Public Streets or
Private Roads. All collection and route supervisor vehicles used by Contractor
will be equipped with a spill kit sufficient in size to contain a spill of equivalent
volume to the largest lubricating, hydraulic or fuel tank on the largest collection
vehicle. Any discharge of liquid wastes or oils that may occur from Contractor’s
collection vehicles prior to them being removed from service will be cleaned up or
removed by Contractor within three hours of being noticed by route staff,
Customers, or Recycle BC, and will be remediated by Contractor at its sole
expense. Such clean-up or removal will be documented with pictures, and notice
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Recycle BC LG Curbside SOW June 22, 2018
of such clean-up or removal will be provided to Recycle BC in writing. Contractor
will immediately notify the Recycle BC-designated spill coordinator of any spills
that enter ground-water or drainage systems.
2.1.7 Routes.
(a) Contractor Curbside Collection routes may not extend outside the Service Area.
Contractor collection vehicles used to perform Curbside Collection may only be
used for collection services outside the Service Area or for any other use if they
are emptied before and after such other use and Contractor has obtained prior
approval from Recycle BC in writing.
2.1.8 Pilot programs.
(a) Recycle BC may wish to test or implement one or more new services or
developments in PPP material segregation, processing, or collection technology.
Recycle BC will notify Contractor in writing at least 90 days prior of its intention to
implement a pilot program or of its intentions to utilize a new technology system
in the Service Area. The allocation of any costs (or savings) accrued by Recycle
BC-initiated pilot programs will be negotiated prior to implementation pursuant to
the change process in Section 2.2 of the Agreement. If Recycle BC deems the
pilot a success, and desires to incorporate the service or development
represented in the pilot program into this Statement of Work, such a change will
be made pursuant to the change process in Section 2.2 of the Agreement.
(b) Contractor-initiated pilot programs will require prior written notification to and
written approval by Recycle BC. Contractor-initiated pilot programs will be
performed at no additional cost to Recycle BC.
2.2 Customer Service and Management. As part of Curbside Collection, Contractor will provide the
following services:
2.2.1 Customer Service Requirements
(a) Contractor’s Customer service office and call center will be accessible by a local
area code and prefix phone number. Customer service representatives will be
available through Contractor’s call center during office hours for communication
with Customers and Recycle BC representatives. Customer calls will be taken
during office hours by a person, not by voice mail. During all non-office hours for
the call center, Contractor will have an answering or voice mail service available
to record messages from all incoming telephone calls, and include in the
message an emergency telephone number for Customers to call outside of
normal office hours in case of an emergency.
(b) Contractor will maintain a 24 hour emergency telephone number for use by
Recycle BC. Contractor will have a representative, or an answering service to
contact such representative, available at such emergency telephone number for
Recycle BC-use during all hours, including normal office hours.
(c) Contractor’s Customer service representatives will have instantaneous electronic
access to Customer service data and history to assist them in providing excellent
Customer service.
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Recycle BC LG Curbside SOW June 22, 2018
2.2.2 Customer Service Representative Staffing
(a) Contractor will maintain sufficient staffing to answer and handle complaints and
service requests in a timely manner made by all methods, including telephone,
letters, e-mails and text messages. If staffing is deemed to be insufficient by
Recycle BC to handle Customer complaints and service requests in a timely
manner, Contractor will increase staffing levels to address the performance
deficiency.
(b) If Contractor did not provide Curbside Collection from Curbside Households in
the Service Area immediately prior to the Service Commencement Date,
Contractor will provide additional staffing from Service Commencement Date
through the four month anniversary of the Service Commencement Date to
ensure that sufficient staffing is available to minimize Customer waits and
inconvenience. Contractor will receive no additional compensation for increased
staffing levels during the implementation period. Staffing levels during the
implementation period will be subject to prior Recycle BC review and approval.
2.2.3 Customer Complaints and Requests
(a) Contractor will record all Customer complaints and service requests, regardless
of how received, including date, time, Customer’s name and address, if the
Customer is willing to give this information, method of transmittal, and nature,
date and manner of resolution of the complaint or service request in a
computerized daily log. Any telephone calls received via Contractor’s non-office
hours voice mail or answering service will be recorded in the log the following
Business Day. Contractor will make a conscientious effort to resolve all
complaints and service requests within 24 hours of the original contact. If a
longer response time is necessary for complaints or requests, the reason for the
delay will be noted in the log, along with a description of Contractor’s efforts to
resolve the complaint or request.
(b) Contractor’s customer service log will be available for inspection by Recycle BC
during Contractor’s office hours, and will be in a format approved by Recycle BC.
Contractor will provide a copy of this log in an electronic format from the
Microsoft Office suite of software to Recycle BC on request and, if requested by
Recycle BC, as part of a regular report to be delivered with such frequency as
requested by Recycle BC (but not more frequently than monthly).
2.3 Promotion and Education.
2.3.1 Contractor will have primary responsibility for executing public promotion, education, and
outreach programs associated with the collection of In-Scope PPP. Contractor will
incorporate Recycle BC-developed communications messages and images in Contractor
public promotion, education, and outreach programs.
2.3.2 Recycle BC reserves the right, at its sole discretion, to require Contractor to seek
advance approval of any or all public promotion, education and outreach materials
associated with the collection of In-Scope PPP, including but not limited to recycling
guides, collection calendars, website content and “oops tags.”
2.3.3 If Contractor receives Resident Education Top Up payments in accordance with
Attachment 5, Contractor must spend the total amount of the Resident Education Top Up
payments paid to Contractor on promotion, education and outreach programs on an
annual basis.
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Recycle BC LG Curbside SOW June 22, 2018
2.3.4 Except for logos of the applicable local government, Recycle BC, Contractor or any sub-
contractor of Contractor, Contractor may not affix or otherwise include any logo of, or any
reference to, any other party or person on a Container in any manner whatsoever,
including stickers and hot stamps.
2.3.5 Contractor will have primary responsibility for providing Customers service-oriented
information such as dates and times of Curbside Collection.
2.4 Transition and Implementation Services. If immediately prior to the SOW Effective Date
Contractor (i) did not perform Curbside Collection from Curbside Households in the Service Area
or (ii) did not provide Curbside Collection from Curbside Households in the Service Area pursuant
to a statement of work with Recycle BC, Contractor will, beginning on the SOW Effective Date
and with Recycle BC’s input, develop and submit to Recycle BC no later than two weeks after the
SOW Effective Date a transition and implementation plan (the “Transition and Implementation
Plan”) for implementing Curbside Collection, including a specific timeline as to when different
activities and events will occur, details of how different events impact other events in the timeline,
and the process to be used to ensure that implementation occurs on the Service Commencement
Date with no disruption. The Transition and Implementation Plan will cover the entire period from
the SOW Effective Date to and including the six month anniversary of the Service
Commencement Date. Contractor will describe in detail what is involved with each of the activities
and events listed in the Transition and Implementation Plan. Finalization of the Transition and
Implementation Plan will be subject to Recycle BC’s prior approval.
SECTION 3. Performance Standards and Operational Requirements
3.1 Personnel Conduct. Contractor personnel performing Curbside Collection will at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their
work without delay, minimize noise, and avoid damage to public or private property. If on private
property, Contractor personnel will follow the regular pedestrian walkways and paths, returning to
the street after replacing empty Containers. Contractor personnel will not trespass or loiter, cross
flower beds, hedges, or property of adjoining premises, or meddle with property that does not
concern them or their task at hand.
3.2 Vehicle Standards. Without limiting any other requirements or obligations of Contractor,
Contractor will meet or exceed the following standards in respect of collection vehicles used to
perform Curbside Collection:
3.2.1 All collection vehicles will be maintained in a clean and sanitary manner, and will be
thoroughly washed at least once each week. All collection vehicles will have appropriate
safety markings, including all highway lighting, flashing and warning lights, clearance
lights, and warning flags, all in accordance with applicable law. All collection vehicles and
all parts and systems of all collection vehicles will operate properly and be maintained in
a condition compliant with all applicable laws, good industry standards, and be in a
condition satisfactory to Recycle BC. Any vehicles not meeting these standards will not
be used within the Service Area until repairs are made. All collection vehicles will be
equipped with variable tone or proximity activated reverse movement back-up alarms.
3.2.2 Contractor will maintain all vehicles used in the performance of Curbside Collection in a
manner intended to achieve reduced emissions and particulates, noise levels, operating
costs, and fuel use.
3.3 SOW Record and Reporting Requirements.
3.3.1 Service Delivery Reporting. In addition to the record keeping and reporting requirements
in the Agreement, Contractor will:
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Recycle BC LG Curbside SOW June 22, 2018
(a) maintain an electronic record of all calls related to Missed Collections and the
response provided by Contractor;
(b) maintain an electronic record of all Customer requests, complaints and inquiries,
including Customer name, mailing address, contact information (both telephone
number and e-mail, if available), property name and service address, if different
from mailing address, date of contact, reason for contact, results of Customer
request, complaint or inquiry, resulting changes, additional follow-up needed,
follow-up conducted, results of follow-up, and list of educational or outreach
materials provided;
(c) maintain such other records as may be requested by Recycle BC. including:
(i) tonnage by collection date and weight scale ticket (which must include
the collector name and truck number);
(ii) customer communications related to Curbside Collection including
telephone calls, letters, e-mails, text messages or webpage messages
received; and
(iii) notices left for Customers;
(d) make all records maintained pursuant to this Statement of Work available to
Recycle BC upon request and, if requested by Recycle BC, provide a regular (but
no more frequently than monthly) report to Recycle BC, in a format and by a
method approved by Recycle BC, setting out or summarizing (at Recycle BC’s
discretion) such records as may be indicated by Recycle BC for the reporting
period;
(e) upon Recycle BC’s request, provide up to two reports each year on associated
collection metrics necessary to the calculation of the greenhouse gas emissions
associated with the performance of Curbside Collection; and
(f) upon Recycle BC’s request, provide up to four ad-hoc reports each year, at no
additional cost to Recycle BC. These reports may include Customer service
database tabulations to identify specific Service Level or participation patterns or
other similar information. Reports will be provided in Recycle BC-defined format
and software compatibility. These reports will not require Contractor to expend
more than 60 staff hours per year to complete.
3.3.2 Claims Reporting
(a) At Recycle BC's discretion, responsibility for claim reporting under Section
3.3.2(b) shall be assigned by Contractor to the Designated Post-Collection
Service Provider.
(b) All loads must be documented by Contractor or the Designated Post-Collection
Service Provider, as the case may be, in a manner specified by Recycle BC from
time to time, including by a certified scale ticket provided by the Designated Post-
Collection Service Provider, with Contractor name and address, Designated
Post-Collection Service Provider name and address, date, time, truck number,
net weight by material type (by material types set out in Attachment 2.1.2) and
such other information as Recycle BC may designate (collectively, “Claim
Information”). Claim Information with respect to any delivery of In-Scope PPP to
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Recycle BC LG Curbside SOW June 22, 2018
the Designated Post-Collection Facility must be submitted within 10 Business
Days of the delivery date.
(c) Recycle BC will issue a claim summary to Contractor based on Claim Information
directly provided to Recycle BC pursuant to Section 3.3.2(b), and Contractor will
review the claim summary for accuracy. Contractor must report to Recycle BC
any content in the claim summary that Contractor disputes within five days of the
claim summary being issued.
(d) After Recycle BC has approved the Claim Information, Recycle BC will issue a
purchase order to Contractor, including a reference number. Recycle BC may, at
its discretion, choose to issue payment to Contractor based on the approved
purchase order without the need for Contractor to submit an invoice. Where
invoices are required by Recycle BC, Contractor will invoice Recycle BC using
the contact information provided by Recycle BC for such purpose (as may be
updated by Recycle BC from time to time).
(e) Standard tare weights for specific trucks may only be used on specific written
permission of Recycle BC.
3.4 Service Levels. If Contractor fails to meet any Service Level set out in Attachment 3.4, Recycle
BC will be entitled to the applicable Service Level Failure Credits set out in Attachment 3.4.
SECTION 4. SOW Term
This Statement of Work will commence on the SOW Effective Date and its initial term will continue until
December 31, 2023. Recycle BC may extend this Statement of Work for up to two further periods of one
year each by giving Contractor notice in writing not less than 180 days before the expiration of the initial
term or any such additional term or terms. The initial term and any such additional term or terms are
herein referred to as the “SOW Term”.
SECTION 5. Fees
The Fees payable by Recycle BC for the performance by Contractor of the SOW Services are set out in
Attachment 5 to this Statement of Work, and such Fees begin after the Service Commencement Date.
For the avoidance of doubt, Contractor acknowledges and agrees that it will not be entitled to receive any
Fees in respect of In-Scope PPP collected from ICI locations.
SECTION 6. Additional Terms
6.1 No Double Charge. Contractor will not directly or indirectly charge Customers, including without
limitation by way of tax, levy or other surcharge, for the cost of providing the SOW Services if and
to the extent that such costs are covered by Fees (prior to deducting any Service Level Failure
Credits) or other payments Contractor is entitled to receive from Recycle BC under this Statement
of Work .
6.2 Scavenging Forbidden. Contractor will not scavenge, or permit any employee (or, at the request
of Recycle BC, any other person) to scavenge, any materials (including, if permitted by law,
materials other than In-Scope PPP that have been set out to be collected by other collection
service providers) at any time and at any location during Contractor’s performance of the SOW
Services or otherwise.
6.3 Risk. Contractor will be responsible for all risks, including risk of loss of, or damage caused by,
the In-Scope PPP from the time the In-Scope PPP is collected by Contractor until delivery to the
Designated Post-Collection Facility. In-Scope PPP will be deemed to be delivered when off-
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Recycle BC LG Curbside SOW June 22, 2018
loaded from Contractor’s vehicles at the Designated Post-Collection Facilityy and accepted by the
signature of an authorized representative of the Designated Post-Collection Service Provider.
Contractor will be responsible for the cost of any damage to Containers or the Designated Post-
Collection Facility caused by Contractor.
(Signature page follows.)
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Recycle BC LG Curbside SOW June 22, 2018
IN WITNESS WHEREOF the parties have executed this Statement of Work effective as of the SOW
Effective Date.
MMBC RECYCLING INC. CITY OF MAPLE RIDGE
Per: ______________________________
(I have authority to bind Recycle BC)
Per: _____________________________
(I have authority to bind Contractor)
Name: ______________________________
(Please Print)
Name: _____________________________
(Please Print)
Title: ______________________________ Title: _____________________________
Per: _____________________________
(I have authority to bind Contractor)
Name: _____________________________
(Please Print)
Title: ______________________________
Note: Second signatory to be completed by Contractor
only if Contractor requires two signatories (and by leaving
the second signatory blank and returning the Statement
of Work to Recycle BC, Contractor and the first signatory
represent that no additional signatories are required).
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Recycle BC LG Curbside SOW June 22, 2018
ATTACHMENT 2.1.1 TO SCHEDULE 2.1(a)
DESIGNATED SERVICE AREA
1. Under this Statement of Work, the initial Curbside Household Baseline will be 24,970.
2. The Service Area is:
City of Maple Ridge
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Recycle BC LG Curbside SOW June 22, 2018
ATTACHMENT 2.1.2 TO SCHEDULE 2.1(a)
IN-SCOPE PPP
For the purpose of this Statement of Work, In-Scope PPP will mean the material described in the
categories of PPP below that have been selected as indicated by an x in the associated check box (and
the In-Scope PPP shall be segregated, at a minimum, in the streams that have been selected below):
PPP, in single stream, in Category 1, Category 2, Category 3(a), Category 3(b), Category
6 and Category 7.
PPP, in multi stream, in Category 1, Category 2, and Category 3(b) which may be
comingled together, but must be segregated from all other PPP.
PPP, in multi stream, in Category 3(a), Category 6 and Category 7 which may be
comingled together, but must be segregated from all other PPP.
PPP in Category 8, segregated from all other PPP.
To the extent beverage containers as defined in Schedule 1 of the Recycling Regulation to the
Environmental Management Act (BC) are comingled with In-Scope PPP to be collected by Contractor,
such beverage containers shall be deemed to be In-Scope PPP for the purposes of this Statement of
Work, with polycoated beverage containers defined as Category 3(a), plastic beverage containers defined
as Category 6, metal beverage containers defined as Category 7 and glass beverage containers defined
as Category 8.
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Recycle BC LG Curbside SOW June 22, 2018
ATTACHMENT 3.4 TO SCHEDULE 2.1(a)
SERVICE LEVEL FAILURES
Contractor will incur the following Service Level Failure Credits on the following Service Level Failures;
provided, however, that the aggregate amount of Service Credit Level Failures in respect of any calendar
year shall not exceed the aggregate amount of Fees payable to Contractor in respect of such calendar
year:
Service Level Failure Service Level Failure Credit
1 Overstatement of Curbside Households or understatement of
Industrial, Commercial and Institutional locations in the Service
Area.
$5,000 per incident.
2 Failure to provide a required report pursuant to Section 3.3.1 on
time.
$500 per day past deadline.
3 Failure to separate In-Scope PPP collected from Curbside
Households in the Service Area from materials collected outside of
the Service Area without prior written approval from Recycle BC.
$5,000 per route, plus $3,000 per
month (pro-rated in the case of a
partial month) until the Service
Level Failure has been remedied or
a request for approval has been
approved in writing by Recycle BC.
4 If the Curbside Household Baseline does not exceed 25,000, a
delivery of materials to the Designated Post-Collection Facility that
contains more than 3% by weight of Not Accepted Materials.
The Per Load Amount for each
weigh-scale ticketed load that
results in a Service Level Failure,
provided that the aggregate Service
Level Failure Credit for this Service
Level Failure in respect of any
calendar year shall not exceed 24
times the applicable Per Load
Amount
For the purpose of this Service
Level Failure, the “Per Load
Amount” in respect of any year will
be determined by the Curbside
Household Baseline for such year,
in accordance with the following
table:
Curbside
Household
Baseline
Per Load
Amount
10,000-25,000 $5,000
5,000-9,999 $3,750
2,500-4,999 $2,500
499-2,499 $1,250
0-499 $500
5 If the Curbside Household Baseline exceeds 25,000, a delivery of
materials to the Designated Post-Collection Facility that contains
more than 3% by weight of Not Accepted Materials.
The Per Load Amount for each
weigh-scale ticketed load that
results in a Service Level Failure,
provided that the aggregate Service
Level Failure Credit for this Service
Level Failure in respect of any
calendar year shall not exceed 24
times the applicable Per Load
Amount.
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Recycle BC LG Curbside SOW June 22, 2018
Service Level Failure Service Level Failure Credit
For the purpose of this Service
Level Failure, the “Per Load
Amount” will initially be $5,000. If
Contractor is required to make one
or more payments in respect of this
Service Level Failure in respect of
any year, the Per Load Amount for
the following year will be
automatically increased by $5,000
(to a maximum of $20,000). If
Contractor is not required to make
any payments in respect of this
Service Level Failure in respect of a
particular year, the Per Load
Amount for the following year will
be reset at $5,000.
6 If Contractor collects Categories 1, 2, 3(a), 3(b), 6 and 7 in multi-
stream, delivery of a load in violation of Section 2.1.5(c) .
$1,000 per load.
7 Delivery of a load of Category 8 to the Designated Post-Collection
Facility that contains more than 1.5% by weight of Not Accepted
Materials and other categories of In-Scope PPP (individually or in
the aggregate).
The Per Load Amount for each
weigh-scale ticketed load that
results in a Service Level Failure,
provided that the aggregate Service
Level Failure Credit for this Service
Level Failure in respect of any
calendar year shall not exceed 24
times the applicable Per Load
Amount.
For the purpose of this Service
Level Failure, the “Per Load
Amount” in respect of any year will
be determined by the Curbside
Household Baseline for such year,
in accordance with the following
table:
Curbside
Household
Baseline
Per Load
Amount
10,000+ $5,000
5,000-9,999 $3,750
2,500-4,999 $2,500
499-2,499 $1,250
0-499 $500
8 The occurrence of a Labour Disruption, if Contractor fails to (i)
implement its Business Continuity Plan in respect of such Labour
Disruption or (ii) fails to company with Section 4.6.1 or 4.6.2 in
respect of such Labour Disruption.
An equitable reduction in the Fees
to reflect the value of any SOW
Services not received by Recycle
BC plus $5,000 per day of Labour
Disruption.
9 Contractor delivers In-Scope PPP to any location, such as a
landfill, incinerator or energy recovery facility, other than the
Designated Post-Collection Facility without the prior written
permission of Recycle BC
$25,000 per incident.
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Recycle BC LG Curbside SOW June 22, 2018
ATTACHMENT 5 TO SCHEDULE 2.1(a)
FEES
1. In this Attachment, the following terms will have the following meaning:
“Bonus Period” means each full calendar year during the SOW Term, commencing on January 1
and ending on December 31 of each year; provided, however, that (i) if the Service
Commencement date is not January 1, the initial Bonus Period shall commence on the Service
Commencement Date and end on December 31 of that year and (ii) if the SOW Term does not
end December 31, the final Bonus Period will commence on January 1 of that year and end on
the date on which the SOW Term ends.
“Curbside Household Baseline” means the number of Curbside Households in the Service Area
as initially set out in Attachment 2.1.1, as may be modified in accordance with Section 3 of this
Attachment 5 or pursuant to a change order made pursuant to Section 2.2 of the Agreement.
2. In consideration for Contractor’s performance of the SOW Services, Recycle BC will pay
Contractor:
(a) The selected (as indicated by an x in the associated check box) annual amount in the
table below times the Curbside Household Baseline (to be pa yable in arrears, in equal
quarterly payments on net 30 day terms, provided that Contractor has submitted all
applicable claims):
Curbside Collection Financial Incentive
Single-stream using automated carts –
Categories 1, 2, 3(a), 3(b), 6 and 7
$ per Curbside Household per
Year
>2 Curbside Households per hectare $33.40
0.2 to 2 Curbside Households per hectare $35.40
<0.2 Curbside Households per hectare $37.40
Single-stream using Containers other than
automated carts – Categories 1, 2, (a), 3(b), 6
and 7
$ per Curbside Household per
Year
>2 Curbside Households per hectare $34.50
0.2 to 2 Curbside Households per hectare $36.65
<0.2 Curbside Households per hectare $38.80
Multi-stream – Categories 1, 2 and 3(b) separate
from Categories 3(a), 6 and 7
$ per Curbside Household per
Year
>2 Curbside Households per hectare $38.45
0.2 to 2 Curbside Households per hectare $40.65
<0.2 Curbside Households per hectare $42.80
(b) Each of the following that are selected (as indicated by an x in the associated check box)
in the table below (which may be none): (i) the Resident Education Top Up amount; (ii)
the Service Administration Top Up amount; and (iii) if Contractor also provides depot
services in the Service Area pursuant to an active Statement of Work for Depot Collection
Services, the Depot Top Up, in each case as set out in the table below times the
Curbside Household Baseline to be invoiced and paid in arrears, in equal quarterly
payments, provided that Contractor has submitted all applicable claims:
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Recycle BC LG Curbside SOW June 22, 2018
Top Up
available to local governments
accepting Curbside Collection
incentive
$ per Curbside Household per Year
Resident Education Top Up $0.75
Depot Top Up $0.25
Service Administration Top Up $1.75
Without limiting Contractor’s obligations under this Statement of Work (including without
limiting the cost Contractor is required to incur to perform such obligations), the Resident
Education Top Up amount must be used for the purpose of providing resident education
in respect of the Collection Services.
(c) If selected (as indicated by an x in the associated check box), the following per tonne
amount, to be invoiced and paid pursuant to the claims submission process in
accordance with the terms of the Agreement:
Curbside Collection Financial Incentive
Category 8 - Glass Packaging $ per Tonne
$80.00
(d) For each Bonus Period, the Achieved Bonus Amount times the average Curbside
Household Baseline for such period, where the “Achieved Bonus Amount” is the
performance bonus amount in the table below that corresponds with the average amount
of In-Scope PPP per Curbside Household actually collected by Contractor during the
Bonus Period. The foregoing will be calculated annually, at the end of each Bonus
Period, based on the average Curbside Household Baseline for such period and the
approved claims submitted for the Bonus Period. The Achieved Bonus Amount for a
Bonus Period, if any, will be paid no later than April 30 of the following year.
For purposes of calculating the Achieved Bonus Amount, Recycle BC reserves the right
to develop and apply a methodology, at its own sole discretion, to calculate the average
amount of (i) Not Accepted Materials in Contractor’s collected material and (ii) In-Scope
PPP from ICI locations in Contractor’s collected materials for the purposes of calculating
the average In-Scope PPP collected per Curbside Household in the applicable year.
If the Bonus Period is a partial calendar year, the Achieved Bonus Amount will be
calculated by Recycle BC on a pro-rated basis taking into account such factors as
Recycle BC, acting reasonably, may consider relevant.
If Contractor also provides collection services to multi-family buildings pursuant to
another Statement of Work under the Agreement (“Multi-Family Household
Collection”), and In-Scope PPP collected in respect of Multi-Family Household
Collection is collected in a vehicle with In-Scope PPP collected from Curbside
Households under this Statement of Work, then, for the purpose of calculating the
performance bonus under this subsection (d), the Curbside Household Baseline will be
adjusted to include the number of multi-family households whose In-Scope PPP has
been collected in this manner.
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Recycle BC LG Curbside SOW June 22, 2018
Calculation of Achieved Bonus Amount
Average In-Scope
PPP collected per
Curbside
Household Per
Year
160 - 179
Kilograms
180 - 199
Kilograms
200 - 219
Kilograms
> 220
Kilograms
Achieved Bonus
Amount
$ per Curbside Household
$1.00 $2.00 $3.00 $4.00
3. Adjustment of Curbside Household Baseline.
(a) On an annual basis, on a date to be determined by Recycle BC, and at such other times
as the parties may agree, Contractor will, in good faith, report and attest (in a form
acceptable to Recycle BC) to the then-current number of:
(i) Curbside Households in the Service Area; and
(ii) Curbside Households per hectare in the Service Area.
(b) Recycle BC may also provide evidence of the then-current number of Curbside
Households and Curbside Households per hectare in the Service Area. Based on
Contractor’s attestation and the evidence provided by Recycle BC, Recycle BC and
Contractor will work in good faith to mutually agree on the new Curbside Household
Baseline. If the agreed upon new values of the foregoing trigger a change in the Fees
payable pursuant to this Attachment, the parties will update this Attachment by execution
of a change order. Any Dispute in establishing the foregoing will be resolved by the
Dispute resolution process under the Agreement.
(c) For purposes of reporting and determining the number of Curbside Households:
(i) A single family dwelling is considered one Curbside Household;
(ii) A laneway house is considered one Curbside Household;
(iii) A duplex is considered two Curbside Households;
(iv) A triplex is considered three Curbside Households;
(v) A fourplex is considered four Curbside Households;
(vi) A single family dwelling that has been converted into two, three or four residential
dwelling units, shall be considered a duplex, triplex or fourplex, as described in
(iii), (iv) and (v) respectively, if Contractor recognizes the conversion for utility
and/or contract billing;
(vii) A single family dwelling that has been converted into multiple dwelling units that
is recognized by Contractor as a single family dwelling for utility and/or contract
billing is considered one Curbside Household; and
(viii) Each self-contained dwelling unit in a rowhouse or townhouse is considered one
Curbside Household if the resident of each unit delivers In-Scope PPP to the
Curb for collection in separate Containers.
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Recycle BC LG Curbside SOW June 22, 2018
4.If the average annual amount of In-Scope PPP collected per Curbside Household by Contractor,
in any 12 month period (based on the Curbside Household Baseline) falls below 135 kilograms,
then Recycle BC may require Contractor to, within 90 days, prepare and submit to Recycle BC for
approval a remediation plan designed to raise its collection yield above 135 kilograms per
Curbside Household. Following approval of the remediation plan by Recycle BC, Contractor will
execute the plan. Contractor will provide monthly reporting to Recycle BC detailing the progress
and outcomes of the remediation plan. If material improvement does not occur within 90 days of
beginning to execute the plan, then Contractor will work with Recycle BC to establish additional
changes and to adopt best practices recommended by Recycle BC in order to increase collection
yield, and, at Recycle BC ’s discretion, may result in an equitable downward change in the Fees to
reflect the reduced value of the amount of In-Scope PPP being collected by Contractor.
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Recycle BC Multi-Family SOW July 10, 2018
SCHEDULE 2.1(b)
STATEMENT OF WORK FOR MULTI-FAMILY BUILDING COLLECTION SERVICES
This Statement of Work is incorporated into and forms part of the Master Services Agreement made
between City of Maple Ridge then known as District of Maple Ridge (“Contractor”) and MMBC Recycling
Inc. carrying on business as Recycle BC (“Recycle BC”) made as of November 30, 2013 (the
“Agreement”). The effective date of this Statement of Work (the “SOW Effective Date”) is November 30,
2018.
SECTION 1. Interpretation
1.1 Definitions. In this Statement of Work (including the attachments hereto), the following terms will
have the following meanings. Capitalized terms used but not defined in this Statement of Work
will have the respective meanings ascribed to them in the Agreement.
“Agreement” has the meaning set out on the first page of this Statement of Work.
“Approved Multi-Family Building” means a Multi-Family Building on the list of approved Multi-
Family Buildings maintained by Recycle BC in accordance with Section 2.1.1.
“Container” means any container acceptable to Recycle BC used for storage of In-Scope PPP at
a central location in a Multi-Family Building complex, but, for the avoidance of doubt, does not
include single-use bags.
“Corrugated Cardboard” means paper-based material consisting of a fluted corrugated sheet
and one or two flat linerboards.
“Customer” means any owner, property manager or resident of an Approved Multi-Family
Building.
“Designated Post-Collection Facility” means the facility at which Contractor delivers
Contractor-collected In-Scope PPP to the Designated Post-Collection Service Provider
“Designated Post-Collection Service Provider” means the entity, designated by Recycle BC, to
receive Contractor-collected In-Scope PPP.
“In-Scope PPP” means the PPP set out in Attachment 2.1.2 and such other materials identified
as In-Scope PPP by Recycle BC in writing from time to time.
“Industrial, Commercial and Institutional” or “ICI” means any operation or facility other than a
Multi-Family Household, including but not limited to commercial facilities such as retail stores or
offices located in the street level or lower levels of a Multi-Family Building and vacation facilities,
such as hotels, motels, cottages, cabins and rental, co-operative, fractional ownership, time-share
or condominium accommodation associated with sports and leisure facilities (e.g., ski resorts);
and, institutional facilities such social or community service organizations and personal or health
care facilities located in the street level or lower levels of a multi-family building and residences at
which medical care is provided, such as nursing homes, long-term care facilities and hospices.
“Missed Collection” means any failure of Contractor to collect In-Scope PPP from an Approved
Multi-Family Building on the Approved Multi-Family Building’s scheduled collection day.
“Multi-Family Building” means a complex, where residents are expected to deliver In-Scope
PPP to a central storage area accessible by all residents, from which collection occurs.
“Multi-Family Building Collection” has the meaning set out in Section 2.1.
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Recycle BC Multi-Family SOW July 10, 2018
“Multi-Family Household” means a self-contained dwelling unit providing accommodation to one
or more people where the resident is expected to deliver In-Scope PPP to a central location on
the property of the Multi-Family Building from which In-Scope PPP is collected.
“Not Accepted Materials” means, collectively, any material that is not PPP (as that term is
defined in the Agreement).
“Private Road” means a privately-owned and maintained way that allows for access by a service
vehicle and that serves multiple residences.
“Public Street” means a public right-of-way used for public travel, including public alleys and
lanes.
“Service Area” means the geographic area delineated in Attachment 2.1.1.
“Service Commencement Date” means November 30, 2018.
“SOW Effective Date” has the meaning set out on the first page of this Statement of Work.
“SOW Services” has the meaning set out in Section 2.
“SOW Term” has the meaning set out in Section 4.
1.2 Attachments. As of the Effective Date, the following Attachments form part of this Agreement:
Attachment Description
Attachment 2.1.1 – Service Area
Attachment 2.1.2 – In-Scope PPP
Attachment 3.4 – Service Level Failures
Attachment 5 – Fees
SECTION 2. Services
Contractor will provide, on the terms and conditions set out in the Agreement as supplemented and
modified by the terms and conditions of this Statement of Work, the following Services (the “SOW
Services”):
2.1 Multi-Family Building Collection Services. Beginning on the Service Commencement Date,
Contractor will collect In-Scope PPP from Multi-Family Buildings in the Service Area as further
described in this Section 2.1 (“Multi-Family Building Collection”) and in accordance with the
terms of the Agreement and this Statement of Work.
2.1.1 Approved Multi-Family Buildings.
(a) Subject to Section 2.1.1(e), Contractor will not collect In-Scope PPP from any
location other than an Approved Multi-Family Building. Recycle BC will maintain
a list of Approved Multi-Family Buildings, which list will be initially comprised of
the Multi-Family Buildings agreed on by Recycle BC and Contractor prior to the
SOW Effective Date.
(b) On a quarterly basis or at any other time as Recycle BC may in its sole discretion
agree, Contractor may request to add one or more Multi-Family Buildings in the
Service Area to the list of Approved Multi-Family Buildings. Recycle BC will
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Recycle BC Multi-Family SOW July 10, 2018
consider the request and, if the request is approved, add such Multi-Family
Building to the list of Approved Multi-Family Buildings on a date to be agreed by
Recycle BC and Contractor. Effective as of the date such Multi-Family Building is
added to the list of Approved Multi-Family Buildings, Attachment 5 will be
amended if and to the extent necessary.
(c)On a quarterly basis or at any other time as Recycle BC may in its sole discretion
agree, Contractor may request to remove one or more Multi-Family Buildings
from the list of Approved Multi-Family Buildings. Recycle BC will consider the
request and, if the request is approved, remove such Multi-Family Building from
the list of Approved Multi-Family Buildings on a date to be agreed by Recycle BC
and Contractor. Effective as of the date such Multi-Family Building is removed
from the list of Approved Multi-Family Buildings, Attachment 5 will be amended if
and to the extent necessary.
(d)Recycle BC may remove all or a portion of a Multi-Family Building from the list of
Approved Multi-Family Buildings, immediately upon notice, where Contractor has
committed any breach of this Agreement in respect of such Multi-Family Building
or portion thereof (including a failure to meet or exceed applicable Service
Levels) and has failed to cure such breach within 30 days of being given notice
thereof by Recycle BC.
(e)Contractor will collect In-Scope PPP only from ICI locations approved by Recycle
BC in advance. Recycle BC shall have the right, exercisable at any time in its
sole discretion, to revoke its approval of any one or more ICI locations.
(f)Contractor will not be entitled to receive any Fees or other payments in respect of
In-Scope PPP collected from ICI locations and will be solely responsible for all
costs associated with the collection and post-collection management of In-Scope
PPP collected from ICI locations. Recycle BC reserves the right to develop and
apply a methodology, at its own sole discretion, for calculating the amount of In-
Scope PPP from ICI locations included in Contractor-collected In-Scope PPP
delivered to the Designated Post-Collection Facility (the “Determined ICI
Amount”). Without limiting the generality of the foregoing, Contractor
acknowledges and agrees that Contractor will be solely responsible for any costs
or fees charged by the Designated Post-Collection Service Provider in respect of
the Determined ICI Amount.
2.1.2 PPP Materials.
(a)Contractor will collect all In-Scope PPP from all Approved Multi-Family Buildings
that is placed in Containers (including both Contractor-provided Containers and
Containers provided by Approved Multi-Family Buildings or their residents).
(b)Materials collected by Contractor may not contain more than 3% by weight of Not
Accepted Materials. Loads exceeding 3% by weight of Not Accepted Materials
may be subject to rejection by the Designated Post-Collection Service Provider
and may result in Service Level Failure Credits as set out in Attachment 3.4.
(c)Materials collected by Contractor may not contain (i) any packaging containing
hazardous or special waste or (ii) Categories 4, 5 or 9.
(d)If Contractor collects In-Scope PPP in multi-stream, Contractor must ensure that:
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Recycle BC Multi-Family SOW July 10, 2018
(i)loads of Categories 1, 2 and 3(b) do not contain more than 1% by weight
of Categories 3(a), 6 and 7; and
(ii)loads of Categories 3(a), 6 and 7 do not contain more than 3% by weight
of Categories 1, 2 and 3(b).
(e)Subject to Section 2.1.2(h), Contractor must ensure that loads of Categories 1, 2,
3(a), (3(b), 6 and 7 (whether collected in a single stream or a multi-stream) do
not contain more than 3% by weight of Category 8.
(f)If Contractor collects Category 8 segregated from other In-Scope PPP,
Contractor must ensure that such material stream does not contain more than
1.5% by weight of Not Accepted Materials and other categories of In-Scope PPP
(individually or in the aggregate). Loads of segregated Category 8 exceeding
1.5% by weight of Not Accepted Materials and other categories of In-Scope PPP
(individually or in the aggregate) may be subject to rejection by the Designated
Post-Collection Service Provider and may result in Service Level Failure Credits
as set out in Attachment 3.4.
(g)Contractor will implement and maintain reasonable procedures to ensure that
loads delivered to the Designated Post-Collection Facility comply with the
requirements set forth in this Section 2.1.2, including procedures to monitor the
content of collected materials and procedures to notify and reject material from
Approved Multi-Family Buildings who do not comply with such requirements.
Such procedures are subject to review by Recycle BC at any time and from time
to time. If Recycle BC determines that such procedures are inadequate,
Contractor will adopt such procedures as Recycle BC may reasonably require in
order to ensure compliance with this Section 2.1.2.
(h)If immediately prior to the SOW Effective Date Contractor (i) did not provide
Multi-Family Building Collection from Multi-Family Buildings in the Service Area
or (ii) did not provide Multi-Family Building Collection from Multi-Family Buildings
in the Service Area pursuant to a statement of work with Recycle BC, Contractor
will not be required to comply with Section 2.1.2(e) until the six month
anniversary of the Service Commencement Date. If Contractor is not in
compliance with Section 2.1.2(e) by the six month anniversary of the Service
Commencement Date, Contractor will, within 90 days, prepare and submit to
Recycle BC for approval a remediation plan designed to reduce the quantity of
Category 8 to the required level. Following approval of the remediation plan by
Recycle BC, Contractor will use its best efforts to implement the plan and provide
monthly reporting to Recycle BC detailing the progress and outcomes of the
remediation plan. If Contractor is not in compliance with Section 2.1.2(e) within
90 days after implementing the remediation plan, Contractor will work with
Recycle BC to establish additional changes and to adopt best practices
recommended by Recycle BC in order to achieve the stated objective.
2.1.3 Collection.
(a)Contractor shall not place limits on the quantity of In-Scope PPP collected from
Approved Multi-Family Buildings.
(b)Contractor will pick up In-Scope PPP from Approved Multi-Family Buildings in
Containers that are directly, or reasonably, accessible by the collection vehicle.
The Containers may be on a Public Street if the Approved Multi-Family Building
has permission from the local government to store the Containers on a Public
Street.
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Recycle BC Multi-Family SOW July 10, 2018
(c)Contractor will perform Multi-Family Building Collection with sufficient frequency
that each Approved Multi-Family Building always maintains sufficient capacity in
its uncollected Containers so as not to be a barrier to use of Multi-Family
Collection services by the residents of such Approved Multi-Family Building;
provided that the service standard hereunder is not intended to require
Contractor to perform Multi-Family Building Collection more frequently than once
per week. Without limiting the generality of the foregoing, Contractor will
coordinate with each Approved Multi-Family Building to arrange for a pick-up
schedule for the Approved Multi-Family Building that, if requested by the
Approved Multi-Family Building, is consistent.
(d)Contractor will make collections in an orderly, non-disruptive and quiet manner,
and will return Containers with their lids closed in their set out location in an
orderly manner. The location of returned Containers should not block sideways,
driveways or street parking.
(e)If Contractor provided Multi-Family Building Collection from Multi-Family
Buildings in the Service Area immediately prior to the Service Commencement
Date, Contractor will provide Multi-Family Building Collection services that meet
or exceed the level of service provided by Contractor prior to the Service
Commencement Date.
2.1.4 Containers.
(a)Except to the extent and on the conditions otherwise approved by Recycle BC in
writing, Contractor will provide Containers to each Approved Multi-Family
Building that provide sufficient volume to accommodate In-Scope PPP generated
by such Approved Multi-Family Building between collections so that Container
capacity and design is not a barrier to use of Multi-Family Collection services by
the residents of such Approved Multi-Family Building.
(b)Except to the extent and on the conditions otherwise approved by Recycle BC in
writing, if Multi-Family Buildings are added to the list of Approved Multi-Family
Buildings under Section 2.1.1(b), Contractor will deliver Containers to any such
Multi-Family Buildings at least ten Business Days prior to the start date provided
agreed on by Contractor and Recycle BC.
(c)Except to the extent and on the conditions otherwise approved by Recycle BC in
writing, Contractor will deliver a Container to a requesting Approved Multi-Family
Building within seven Business Days of the Approved Multi-Family Building’s
initial request.
(d)If any Approved Multi-Family Building chooses to provide its own Containers,
Contractor will handle such Containers in such a way as to prevent undue
damage, and Contractor will be responsible for unnecessary or unreasonable
damage to such Containers.
(e)If Contractor did not provide Multi-Family Building Collection in the Service Area
immediately prior to the Service Commencement Date, Contractor will deliver
Containers that meet the requirements set out in this Agreement to each
Approved Multi-Family Building at least ten Business Days prior to the Service
Commencement Date unless otherwise approved by Recycle BC in writing.
(f)Contractor may not collect In-Scope PPP in single-use bags except in
accordance with Section 2.1.4(g).
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Recycle BC Multi-Family SOW July 10, 2018
(g) If Contractor provided Multi-Family Building Collection in the Service Area
immediately prior to the Service Commencement Date and, at such time,
collected In-Scope PPP in single-use bags, Contractor will:
(i) except to the extent and on the conditions otherwise approved by
Recycle BC in writing, deliver Containers that meet the requirements set
out in this Agreement to each Approved Multi-Family Building at least ten
Business Days prior to July 1, 2020; and
(ii) not collect In-Scope PPP in single-use bags after July 1, 2020.
(h) If Contractor (i) is transitioning from single-use bags to Containers pursuant to
Section 2.1.4(g) or (ii) proposes to change the type of Containers it uses for
Multi-Family Building Collection in the Service Area, Contractor will submit a
detailed transition plan to Recycle BC a minimum of six months prior to the
scheduled or planned change. Any change to the type of Containers used for
Multi-Family Building Collection in the Service Area is subject to approval in
writing by Recycle BC, which approval will not be unreasonably withheld.
(i) Contractor will replace Containers once they no longer meet a sanitary and well-
maintained condition.
2.1.5 Designated Post-Collection Facility
(a) Contractor will deliver all collected In-Scope PPP to the Designated Post-
Collection Facility on the day of collection, unless alternative arrangements have
been approved in writing by Recycle BC. If Contractor is unable to deliver
collected In-Scope PPP to the Designed Post-Collection Facility on the day of
collection for an unforeseen reason outside Contractor’s reasonable control,
Contractor will deliver such collected In-Scope PPP to the Designated Post-
Collection Facility as soon as possible thereafter and will store such In-Scope
PPP during the interim in a safe and secure manner. Contractor may not charge
any amounts to the Designated Post-Collection Service Provider in connection
with such storage. Contractor will not deliver In-Scope PPP to any location other
than the Designated Post-Collection Facility or dispose of any collected In-Scope
PPP without prior written authorization from Recycle BC.
(b) Contractor will deliver all collected In-Scope PPP to the Designated Post-
Collection Facility segregated, at a minimum, in the manner set out in Attachment
2.1.2.
(c) If Contractor collects Categories 1, 2, 3(a), 3(b), 6 and 7 in multi-stream,
Contractor must (i) unload Categories 1, 2 and 3(b) in a separate bunker or other
location than Categories 3(a), 6 and 7 and (ii) unload Categories 3(a), 6 and 7 in
a separate bunker or location than Categories 1, 2 and 3(b), in each case as
directed by the Designated Post-Collection Service Provider. Loads delivered in
violation of this Section 2.1.5(c), including as a result of driver error or
mechanical failure, may be subject to a Service Level Failure Credit as set out in
Attachment 3.4.
(d) Contractor will follow all reasonable instructions and procedures regarding the
delivery of In-Scope PPP as directed by the Designated Post-Collection Service
Provider and Recycle BC, including but not limited to instructions and procedures
pertaining to health and safety, delivery and unloading of In-Scope PPP, audit
procedures and weigh scale operation.
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Recycle BC Multi-Family SOW July 10, 2018
(e)If Contractor is scheduled to collect In-Scope PPP from an Approved Multi-
Family Building on a holiday, Contractor will coordinate directly with the
Designated Post-Collection Service Provider a minimum of ten Business Days in
advance of such holiday in order to schedule the delivery of such In-Scope PPP.
(f)If the Service Area is within the Metro Vancouver Regional District, the
Designated Post-Collection Facility will be located within 30 minutes (on average
based on typical traffic conditions between 10 am and 2 pm Monday to Friday)
from the Service Area boundary at the point of least distance to the Designated
Post-Collection Facility.
(g)If the Service Area is not within Metro Vancouver Regional District, the
Designated Post-Collection Service Provider will locate the Designated Post-
Collection Facility within 60 kilometers from the Service Area boundary at the
point of least distance to the Designated Post-Collection Facility. If delivery to the
Designated Post-Collection Facility requires the use of a ferry, then the delivery
boundary is the ferry terminal and the portion of the trip that requires ferry travel
is to be the responsibility of the Designated Post-Collection Service Provider. If
the Designated Post-Collection Service Provider has used commercially
reasonable efforts to locate the Designated Post-Collection Facility within such
area but is unable to do so, Contractor will not be required to deliver In-Scope
PPP to the Designated Post-Collection Facility except on terms mutually
acceptable to Contractor and the Designated Post-Collection Service Provider.
(h)Recycle BC may change the location of the Designated Post-Collection Facility
upon 30 days’ written notice. If Recycle BC changes the location of the
Designated Post-Collection Facility such that the new location is greater than ten
kilometers beyond the applicable maximum distance set out in Section 2.1.5(f) or
(g), as the case may be, such change will be made pursuant to the change
process in Section 2.2 of the Agreement (provided that Contractor may not
refuse such a change).
(i)Unless Recycle BC otherwise agrees in writing, Contractor may not consolidate
or otherwise sort In-Scope PPP collected from Approved Multi-Family Buildings
before delivering such materials to the Designated Post-Collection Facility. Such
approval may be subject to such conditions or procedures as Recycle BC
considers appropriate or necessary in the circumstances and may be revoked at
any time by Recycle BC in its sole discretion, including without limitation if
Contractor has failed to comply with such conditions or procedures.
(j)If the Designated Post-Collection Service Provider rejects a load of In-Scope
PPP from Contractor due to a verified claim that such load contains more than
3% by weight of Not Accepted Materials or contains any hazardous or special
waste, Recycle BC reserves the right to designate alternative procedures and
requirements associated with that load and to deduct any additional costs
associated therewith from the Fees otherwise due to Contractor.
2.1.6 Spillage.
(a)All loads collected by Contractor will be completely contained in collection
vehicles at all times, except when material is actually being loaded. Hoppers on
all collection vehicles will be cleared frequently to prevent the occurrence of
blowing or spillage.
(b)Any spillage of materials that occurs during Multi-Family Building Collection will
be immediately cleaned up or removed by Contractor at its sole expense.
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Recycle BC Multi-Family SOW July 10, 2018
Contractor will keep accurate records of each occurrence of spillage and of its
clean-up, and will make such records available to Recycle BC on request and, if
requested by Recycle BC, as part of a regular report to be delivered with such
frequency as requested by Recycle BC (but not more frequently than monthly).
Contractor expressly acknowledges it is solely responsible for any violations of
Applicable Law that may result from said spillage.
(c) Without limiting Section 2.1.6(b) above, Contractor will maintain all collection
vehicles to ensure that no liquid wastes (e.g., leachate) or oils (e.g., lubricating,
hydraulic, or fuel) are discharged on the property of Approved Multi-Family
Buildings, Public Streets or Private Roads. All collection and route supervisor
vehicles used by Contractor will be equipped with a spill kit sufficient in size to
contain a spill of equivalent volume to the largest lubricating, hydraulic or fuel
tank on the largest collection vehicle. Any discharge of liquid wastes or oils that
may occur from Contractor’s collection vehicles will be cleaned up or removed by
Contractor within three hours of the discharge and will be remediated by
Contractor at its sole expense. Such clean-up or removal will be documented
with pictures, and notice of such clean-up or removal will be provided to Recycle
BC in writing. Contractor will comply with all Applicable Laws in respect of
ground-water or drainage systems safety and standards.
2.1.7 Routes
(a) Except for In-Scope PPP collected from ICI locations in accordance with Section
2.1.1(e), Contractor collection vehicles used to perform Multi-Family Building
Collection may only be used to collect materials from locations other than
Approved Multi-Family Buildings if they are emptied before and after such other
use and Contractor has obtained prior approval from Recycle BC in writing.
2.1.8 Pilot Programs.
(a) Recycle BC may wish to test or implement one or more new services or
developments in PPP material segregation, processing, or collection technology.
Recycle BC will notify Contractor in writing at least 90 days prior of its intention to
implement a pilot program or of its intentions to utilize a new technology system
in the Service Area. The allocation of any costs (or savings) accrued by Recycle
BC-initiated pilot programs will be negotiated prior to implementation pursuant to
the change process in Section 2.2 of the Agreement. If Recycle BC deems the
pilot a success, and desires to incorporate the service or development
represented in the pilot program into this Statement of Work, such a change will
be made pursuant to the change process in Section 2.2 of the Agreement.
(b) Contractor-initiated pilot programs will require prior written notification to and
written approval by Recycle BC. Contractor-initiated pilot programs will be
performed at no additional cost to Recycle BC.
2.2 Customer Service and Management. As part of Multi-Family Building Collection, Contractor will
provide the following services.
2.2.1 Customer Service Requirements
(a) Contractor's Customer service office and call center will be accessible by a local
area code and prefix phone number. Customer service representatives will be
available through Contractor's call center during office hours for communication
with Customers and Recycle BC representatives. Customer calls will be taken
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Recycle BC Multi-Family SOW July 10, 2018
during office hours by a person, not by voice mail. During all non-office hours for
the call center, Contractor will have an answering or voice mail service available
to record messages from all incoming telephone calls, and include in the
message an emergency telephone number for Customers to call outside of
normal office hours in case of an emergency.
(b) Contractor will maintain a 24 hour emergency telephone number for use by
Recycle BC. Contractor will have a representative, or an answering service to
contact such representative, available at such emergency telephone number for
Recycle BC-use during all hours, including normal office hours.
(c) Contractor’s Customer service representatives will have instantaneous electronic
access to Customer service data and history to assist them in providing excellent
Customer service.
2.2.2 Customer Service Representative Staffing
(a) Contractor will maintain sufficient staffing to answer and handle complaints and
service requests in a timely manner made by all methods, including telephone,
letters, e-mails and text messages. If staffing is deemed to be insufficient by
Recycle BC to handle Customer complaints and service requests in a timely
manner, Contractor will increase staffing levels to address the performance
deficiency.
(b) If Contractor did not provide Multi-Family Building Collection in the Service Area
immediately prior to the Service Commencement Date, Contractor will provide
additional staffing from Service Commencement Date through the four month
anniversary of the Service Commencement Date to ensure that sufficient staffing
is available to minimize Customer waits and inconvenience. Contractor will
receive no additional compensation for increased staffing levels during the
implementation period. Staffing levels during the implementation period will be
subject to prior Recycle BC review and approval.
2.2.3 Customer Complaints and Requests
(a) Contractor will record all Customer complaints and service requests, regardless
of how received, including date, time, Customer’s name and address, if the
Customer is willing to give this information, method of transmittal, and nature,
date and manner of resolution of the complaint or service request in a
computerized daily log. Any telephone calls received via Contractor's non-office
hours voice mail or answering service will be recorded in the log the following
Business Day. Contractor will make a conscientious effort to resolve all
complaints and service requests within 24 hours of the original contact. If a
longer response time is necessary for complaints or requests, the reason for the
delay will be noted in the log, along with a description of Contractor’s efforts to
resolve the complaint or request.
(b) Contractor’s customer service log will be available for inspection by Recycle BC
during Contractor's office hours, and will be in a format approved by Recycle BC.
Contractor will provide a copy of this log in an electronic format from the
Microsoft Office suite of software to Recycle BC on request, and if requested by
Recycle BC, as part of a regular report to be delivered with such frequency as
requested by Recycle BC (but not more frequently than monthly).
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Recycle BC Multi-Family SOW July 10, 2018
2.3 Promotion and Education.
2.3.1 Where Contractor is not a local government, Recycle BC will have primary responsibility
for developing, designing, and executing public promotion, education, and outreach
programs. Contractor will provide Recycle BC with assistance and cooperation, including
distributing Recycle BC-developed promotional and educational brochures and assisting
with promotion, education and outreach programs at the direction of Recycle BC. Where
Contractor is a local government, Contractor will have primary responsibility for executing
public promotion, education, and outreach programs associated with the collection of In-
Scope PPP, provided however that Contractor will incorporate Recycle BC-developed
communications messages and images in Contractor public promotion, education, and
outreach programs.
2.3.2 Contractor will have primary responsibility for providing Customers service-oriented
information such as dates and times of Multi-Family Building Collection.
2.3.3 Recycle BC reserves the right, at its sole discretion, to require Contractor to seek
advance approval of any or all public promotion, education and outreach materials
associated with the collection of In-Scope PPP, including but not limited to recycling
guides, collection calendars, website content and “oops tags.”
2.3.4 If Contractor receives Resident Education Top Up payments in accordance with
Attachment 5, Contractor must spend the total amount of the Resident Education Top Up
payments paid to Contractor on promotion, education and outreach programs on an
annual basis.
2.3.5 Except for logos of the applicable local government, Recycle BC, Contractor or any sub-
contractor of Contractor, Contractor may not affix or otherwise include any logo of, or any
reference to, any other party or person on a Container in any manner whatsoever,
including stickers and hot stamps.
2.4 Transition and Implementation Services. If immediately prior to the SOW Effective Date
Contractor (i) did not perform Multi-Family Building Collection in the Service Area or (ii) did not
provide Multi-Family Building Collection in the Service Area pursuant to a statement of work with
Recycle BC, Contractor will, beginning on the SOW Effective Dante, and with Recycle BC’s input,
develop and submit to Recycle BC no later than two weeks after the SOW Effective Date a
transition and implementation plan (the “Transition and Implementation Plan”) for implementing
Multi-Family Building Collection in the Service Area, including a specific timeline as to when
different activities and events will occur, details of how different events impact other events in the
timeline, and the process to be used to ensure that implementation occurs on the Service
Commencement Date with no disruption. The Transition and Implementation Plan will cover the
entire period from the SOW Effective Date to and including the six month anniversary of the
Service Commencement Date. Contractor will describe in detail what is involved with each of the
activities and events listed in the Transition and Implementation Plan. Finalization of the
Transition and Implementation Plan will be subject to Recycle BC’s prior approval.
SECTION 3. Performance Standards and Operational Requirements
3.1 Personnel Conduct.
3.1.1 Contractor personnel performing Multi-Family Building Collection will at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care,
perform their work without delay, minimize noise, and avoid damage to public or private
property. If on private property, Contractor personnel will follow the regular pedestrian
walkways and paths. Contractor personnel will not trespass or loiter, cross flower beds,
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Recycle BC Multi-Family SOW July 10, 2018
hedges, or property of adjoining premises, or meddle with property that does not concern
them or their task at hand.
3.1.2 Contractor personnel will wear a professional and presentable uniform with an identifying
badge with photo identification and company emblem visible to the average observer.
3.2 Vehicle Standards. Without limiting any other requirements or obligations of Contractor,
Contractor will meet or exceed the following standards in respect of collection vehicles used to
perform Multi-Family Building Collection:
3.2.1 All collection vehicles will be maintained in a clean and sanitary manner, and will be
thoroughly washed at least once each week. All collection vehicles will have appropriate
safety markings, including all highway lighting, flashing and warning lights, clearance
lights, and warning flags, all in accordance with applicable law. All collection vehicles and
all parts and systems of all collection vehicles will operate properly and be maintained in
a condition compliant with all applicable laws, good industry standards, and be in a
condition satisfactory to Recycle BC. Any collection vehicles not meeting these standards
will not be used in the Service Area until repairs are made. All collection vehicles will be
equipped with variable tone or proximity activated reverse movement back-up alarms.
3.2.2 Contractor will maintain all vehicles used in the performance of Multi-Family Building
Collection in a manner intended to achieve reduced emissions and particulates, noise
levels, operating costs, and fuel use.
3.3 SOW Record and Reporting Requirements.
3.3.1 Service Delivery Reporting: In addition to the record keeping and reporting requirements
in the Agreement, Contractor will:
(a) maintain an electronic record of all calls related to Missed Collections and the
response provided by Contractor;
(b) maintain an electronic record of all Customer requests, complaints and inquiries,
including Customer name, mailing address, contact information (both telephone
number and e-mail, if available), property name and service address, if different
from mailing address, date of contact, reason for contact, results of Customer
request, complaint or inquiry, resulting changes, additional follow-up needed,
follow-up conducted, results of follow-up, and list of educational or outreach
materials provided;
(c) maintain such other records as may be requested by Recycle BC, including:
(i) tonnage by collection date and weight scale ticket (which must include
the collector name and truck number);
(ii) changes to equipment or inventory;
(iii) customer communications related to Multi-Family Building Collection
including telephone calls, letters, e-mails and text messages; and
(iv) notices left for Customers;
(d) make all records maintained pursuant to this Statement of Work available to
Recycle BC upon request and, if requested by Recycle BC, provide a regular (but
no more frequently than monthly) report to Recycle BC, in a format and by a
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Recycle BC Multi-Family SOW July 10, 2018
method approved by Recycle BC, setting out or summarizing (at Recycle BC’s
discretion) such records as may be indicated by Recycle BC for the reporting
period;
(e)upon Recycle BC’s request, provide up to two reports each year on associated
collection metrics necessary to the calculation of the greenhouse gas emissions
associated with the performance of Multi-Family Building Collection; and
(f)upon Recycle BC’s request, provide up to four ad-hoc reports each year, at no
additional cost to Recycle BC. These reports may include Customer service
database tabulations to identify specific Service Level or participation patterns or
other similar information. Reports will be provided in Recycle BC-defined format
and software compatibility. These reports will not require Contractor to expend
more than 60 staff hours per year to complete.
3.3.2 Claims Reporting
(a)At Recycle BC's discretion, claim reporting under Section 3.3.2(b) shall be
assigned by Contractor to the Designated Post-Collection Service Provider.
(b)All loads must be documented by Contractor or the Designated Post-Collection
Service Provider, as the case may be, in a manner specified by Recycle BC from
time to time, including by a certified scale ticket provided by the Designated Post-
Collection Service Provider, with Contractor’s name and address, Designated
Post-Collection Service Provider’s name and address, date, time, truck number,
net weight by material type (by material types set out in Attachment 2.1.2) and
such other information as Recycle BC may designate (collectively, “Claim
Information”). Claim Information with respect to any delivery of In-Scope PPP to
the Designated Post-Collection Facility must be submitted within ten Business
Days of the delivery date.
(c)Recycle BC will issue a claim summary to Contractor based on Claim Information
directly provided to Recycle BC pursuant to Section 3.3.2(b), and Contractor will
review the claim summary for accuracy. Contractor must report to Recycle BC
any content in the claim summary that Contractor disputes within five days of the
claim summary being issued.
(d)After Recycle BC has approved the Claim Information, Recycle BC will issue a
purchase order to Contractor, including a reference number. Recycle BC may, at
its discretion, choose to issue payment to Contractor based on the approved
purchase order without the need for Contractor to submit an invoice. Where
invoices are required by Recycle BC, Contractor will invoice Recycle BC using
the contact information provided by Recycle BC for such purpose (as may be
updated by Recycle BC from time to time).
(e)Standard tare weights for specific trucks may only be used on specific written
permission of Recycle BC.
3.4 Service Levels. If Contractor fails to meet any Service Level set out in Attachment 3.4, Recycle
BC will be entitled to the applicable Service Level Failure Credits set out in Attachment 3.4.
SECTION 4. SOW Term
This Statement of Work will commence on the SOW Effective Date and its initial term will continue until
December 31, 2023. Recycle BC may extend this Statement of Work for up to two further periods of one
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Recycle BC Multi-Family SOW July 10, 2018
year each by giving Contractor notice in writing not less than 180 days before the expiration of the initial
term or any such additional term or terms. The initial term and any such additional term or terms are
herein referred to as the “SOW Term”.
SECTION 5. Fees
The Fees payable by Recycle BC for the performance by Contractor of the SOW Services are set out in
Attachment 5 to this Statement of Work, and such Fees begin after the Service Commencement Date.
For the avoidance of doubt, Contractor acknowledges and agrees that it will not be entitled to receive any
Fees in respect of In-Scope PPP collected from ICI locations.
SECTION 6. Additional Terms
6.1 No Double Charge. Contractor will not directly or indirectly charge Customers, including without
limitation by way of tax, levy or other surcharge, for the cost of providing the SOW Services if and
to the extent that such costs are covered by Fees (prior to deducting any Service Level Failure
Credits as set out in Attachment 3.4) or other payments Contractor is entitled to receive from
Recycle BC under this Statement of Work. Collection that is more frequent than once per week is
considered to be above the service standard required of Contractor, and Contractor may charge
Customers a fee for Multi-Family Building Collection that is more frequent than once per week.
6.2 Scavenging Forbidden. Contractor will not scavenge, or permit any employee (or, at the request
of Recycle BC, any other person) to scavenge any materials (including, if permitted by law,
materials other than In-Scope PPP that have been set out to be collected by other collection
service providers) at any time and at any location during Contractor’s performance of the SOW
Services or otherwise.
6.3 Risk. Contractor will be responsible for all risks, including risk of loss of, or damage caused by,
the In-Scope PPP from the time the In-Scope PPP is collected by Contractor until delivery to the
Designated Post-Collection Facility. In-Scope PPP will be deemed to be delivered when off-
loaded from Contractor’s vehicles at the Designated Post-Collection Facility and accepted by the
signature of an authorized representative of the Designated Post-Collection Service Provider.
Contractor will be responsible for the cost of any damage to Containers or the Designated Post-
Collection Facility caused by Contractor.
6.4 No Shared Services. Contractor will not collect any material other than the In-Scope PPP to be
collected under this Statement of Work (whether on Contractor’s own behalf, or on behalf of any
third party) while providing the Multi-Family Building Collection pursuant to this Statement of
Work.
(Signature page follows.)
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Recycle BC Multi-Family SOW July 10, 2018
IN WITNESS WHEREOF the parties have executed this Statement of Work effective as of the SOW
Effective Date.
MMBC RECYCLING INC. CITY OF MAPLE RIDGE
Per: ______________________________
(I have authority to bind Recycle BC)
Per: _________________________________
(I have authority to bind Contractor)
Name: ______________________________
(Please Print)
Name: _________________________________
(Please Print)
Title: ______________________________
Title: _________________________________
Per: _________________________________
(I have authority to bind Contractor)
Name: _________________________________
(Please Print)
Title: ___________________________________
Note: Second signatory to be completed by Contractor
only if Contractor requires two signatories (and by leaving
the second signatory blank and returning the Statement
of Work to Recycle BC, Contractor and the first signatory
represent that no additional signatories are required).
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Recycle BC Multi-Family SOW July 10, 2018
AT TACHMENT 2.1.1 TO SCHEDULE 2.1(b)
SERVICE AREA
1.Under this Statement of Work, the Multi-Family Household Baseline (as defined in Attachment 5)
will initially be 5,350.
2.The Service Area is: Multi-Family Buildings in the City of Maple Ridge receiving Multi-Family
Building Collection from Contractor as approved and held by Recycle BC in list format.
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Recycle BC Multi-Family SOW July 10, 2018
ATTACHMENT 2.1.2 TO SCHEDULE 2.1(b)
IN-SCOPE PPP
For the purpose of this Statement of Work, In-Scope PPP will mean the material described in the
categories of PPP below that have been selected as indicated by an x in the associated check box (and
the In-Scope PPP shall be segregated, at a minimum, in the streams that have been selected below):
PPP, in single stream, in Category 1, Category 2, Category 3(a), Category 3(b), Category
6 and Category 7.
PPP, in multi stream, in Category 1, Category 2, and Category 3(b) which may be
comingled together, but must be segregated from all other PPP.
PPP, in multi stream, in Category 3(a), Category 6 and Category 7 which may be
comingled together, but must be segregated from all other PPP.
PPP in Category 8, segregated from all other PPP.
To the extent beverage containers as defined in Schedule 1 of the Recycling Regulation to the
Environmental Management Act (BC) are comingled with In-Scope PPP to be collected by Contractor,
such beverage containers shall be deemed to be In-Scope PPP for the purposes of this Statement of Work
with polycoated beverage containers defined as Category 3(a), plastic beverage containers defined as
Category 6, metal beverage containers defined as Category 7 and glass beverage containers defined as
Category 8.
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Recycle BC Multi-Family SOW July 10, 2018
ATTACHMENT 3.4 TO SCHEDULE 2.1(b)
SERVICE LEVEL FAILURES
1.Contractor will incur the following Service Level Failure Credits on the following Service Level
Failures, provided, however, that the aggregate amount of Service Credit Level Failures in respect of any
calendar year shall not exceed the aggregate amount of Fees payable to Contractor in respect of such
calendar year:
Service Level Failure Service Level Failure Credit
1 Failure to clean-up or collect spilled materials within two hours. Twice the cost of cleanup incurred
by Recycle BC (if Recycle BC
performs the cleanup) and $500 per
incident (regardless of who
performs the cleanup).
2 Overstatement of Multi-Family Households or understatement
of industrial, commercial and institutional units in Approved
Multi-Family Buildings.
$5,000 per incident.
3 Failure to separate In-Scope PPP collected from Approved
Multi-Family Buildings from any other materials collected by
Contractor without prior written approval from Recycle BC.
$5,000 per route, plus $3,000 per
week (pro-rated in the case of a
partial week) until the Service Level
Failure has been remedied or a
request for approval approved in
writing by Recycle BC.
4 Delivery of materials to the Designated Post-Collection Facility
that contains more than 3% by weight of Not Accepted
Materials.
The Per Load Amount for each
weigh-scale ticketed load that
results in a Service Level Failure,
provided that the aggregate Service
Level Failure Credit for this Service
Level Failure in respect of any
calendar year shall not exceed 24
times the applicable Per Load
Amount.
For the purpose of this Service
Level Failure, the “Per Load
Amount” in respect of any year will
be determined by the Multi-Family
Household Baseline for such year,
in accordance with the following
table:
Multi-Family
Household
Baseline
Per Load
Amount
10,000+ $5,000
5,000-9,999 $3,750
2,500-4,999 $2,500
499-2,499 $1,250
0-499 $500
6 If Contractor collects Categories 1, 2, 3(a), 3(b), 6 and 7 in
multi-stream, delivery of a load in violation of Section 2.1.5(c).
$1,000 per load.
7 Delivery of a load of Category 8 to the Designated Post-
Collection Facility that contains more than 1.5% by weight of
Not Accepted Materials and other categories of In-Scope PPP
(individually or in the aggregate).
The Per Load Amount for each
weigh-scale ticketed load that
results in a Service Level Failure,
provided that the aggregate Service
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Recycle BC Multi-Family SOW July 10, 2018
Service Level Failure Service Level Failure Credit
Level Failure Credit for this Service
Level Failure in respect of any
calendar year shall not exceed 24
times the applicable Per Load
Amount.
For the purpose of this Service
Level Failure, the “Per Load
Amount” in respect of any year will
be determined by the Multi-Family
Household Baseline for such year,
in accordance with the following
table:
Multi-Family
Household
Baseline
Per Load
Amount
10,000+ $5,000
5,000-9,999 $3,750
2,500-4,999 $2,500
499-2,499 $1,250
0-499 $500
8 The occurrence of a Labour Disruption, if Contractor fails to (i)
implement its Business Continuity Plan in respect of such
Labour Disruption or (ii) fails to company with Section 4.6.1 or
4.6.2 of the Agreement in respect of such Labour Disruption.
An equitable reduction in the Fees
to reflect the value of any SOW
Services not received by Recycle
BC plus $5,000 per day of Labour
Disruption.
9 Contractor delivers In-Scope PPP to any location, such as a
landfill, incinerator or energy recovery facility, other than the
Designated Post-Collection Facility without the prior written
permission of Recycle BC
$25,000 per incident.
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Recycle BC Multi-Family SOW July 10, 2018
ATTACHMENT 5 TO SCHEDULE 2.1(b)
FEES
1.In this Attachment, the following terms will have the following meaning:
“Bonus Period” means each full calendar year day period during the SOW Term, commencing
on January 1 and ending on December 31 of each year; provided, however, that (i) if the Service
Commencement date is not January 1, the initial Bonus Period shall commence on the Service
Commencement Date and end on December 31 of that year and (ii) if the SOW Term does not
end December 31, the final Bonus Period will commence of January 1 of that year and end on the
date on which the SOW Term ends..
“Multi-Family Household Baseline” means the number of Multi-Family Households in Approved
Multi-Family Buildings as initially set out in the list agreed on pursuant to Section 2.1.1(a), as may
be modified when Multi-Family Buildings are added to or removed from the list of Approved Multi-
Family Buildings in accordance with Section 2.1.1.
2.In consideration for Contractor’s performance of the SOW Services Recycle BC will pay
Contractor:
(a)The selected (as indicated by an x in the associated check box) annual amount in the
table below times the Multi-Family Household Baseline (to be payable in arrears, in equal
quarterly payments on net 30 day terms, provided that Contractor has submitted all
applicable claims):
Multi-Family Household Baseline $ per Multi-Family Household
per Year
Single-stream – Categories 1, 2, 3 (a), 3 (b),
6 and 7 $18.30
Multi-stream – Categories 1, 2 and 3 (b)
separate from Categories 3 (a), 6 and 7 $21.90
(b)Each of the following that are selected (as indicated by an x in the associated check box)
in the table below (which may be none): (i) the Resident Education Top Up amount; (ii)
the Service Administration Top Up amount; and (iii) if Contractor also provides depot
services in the Service Area pursuant to an active Statement of Work for Depot Collection
Services, the Depot Top Up, in each case as set out in the table below times the Multi-
Family Household Baseline to be invoiced and paid in arrears, in equal quarterly
payments, provided that Contractor has submitted all applicable claims:
Top Up
available to local governments accepting
Multi-Family Building incentive
$ per Multi-Family
Household per Year
Resident Education Top Up $1.00
Depot Top Up $0.25
Service Administration Top Up $1.25
Without limiting Contractor’s obligations under this Statement of Work (including without
limiting the cost Contractor is required to incur to perform such obligations), the Resident
Education Top Up amount must be used for the purpose of providing resident education
in respect of Multi-Family Building Collection.
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Recycle BC Multi-Family SOW July 10, 2018
(c)If selected (as indicated by an x in the associated check box),the following per tonne
amount, to be invoiced and paid pursuant to the claims submission process in
accordance with the terms of the Agreement:
Multi-Family Building Collection Financial Incentive
Category 8 - Glass packaging $ per Tonne
$80.00
(d)For each Bonus Period, the Achieved Bonus Amount times the average Multi-Family
Household Baseline for such period, where the “Achieved Bonus Amount” is the
performance bonus amount in the table below that corresponds with the average amount
of In-Scope PPP per Multi-Family Household actually collected by Contractor during the
Bonus Period. The foregoing will be calculated annually, at the end of each Bonus
Period, based on the average Multi-Family Household Baseline for such period and the
approved claims submitted for the Bonus Period. The Achieved Bonus Amount for a
Bonus Period, if any, will be paid no later than April 30 of the following year.
For purposes of calculating the Achieved Bonus Amount, Recycle BC reserves the right
to develop and apply a methodology, at its own sole discretion, to calculate the average
amount of (i) Not Accepted Materials in Contractor’s collected material and (ii) In-Scope
PPP from ICI locations in Contractor’s collected materials for the purposes of calculating
the average In-Scope PPP collected per Multi-Family Household in the applicable year.
If the Bonus Period is a partial calendar year, the Achieved Bonus Amount will be
calculated by Recycle BC on a pro-rated basis taking into account such factors as
Recycle BC, acting reasonably, may consider relevant.
Calculation of Achieved Bonus Amount
Average In-
Scope PPP
collected per
Multi-Family
Household
Per Year
80-89 kg 90-99 kg 100-109
kg
110-119
kg
120-129
kg
> 130
kg
Achieved
Bonus Amount
$ per Multi-Family Household
$0.50 $1.00 $1.50 $2.00 $2.50 $3.00
(e)If Contractor also provides collection services to curbside households pursuant to another
Statement of Work under the Agreement (“Curbside Household Collection”), and In-
Scope PPP collected from Multi-Family Buildings under this Statement of Work is
collected in a vehicle with In-Scope PPP collected in respect of Curbside Household
Collection, then, for the purpose of calculating the amounts payable under subsections
(a), (b), (c) and (d), the Multi-Family Household Baseline will be adjusted to exclude the
number of Multi-Family Households whose In-Scope PPP has been collected in this
manner.
3.Adjustment of Multi-Family Household Baseline.
(a)On an annual basis, on a date to be determined by Recycle BC, and at such other times
as the parties may agree, Contractor will, in good faith, report and attest (in a form
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Recycle BC Multi-Family SOW July 10, 2018
acceptable to Recycle BC) as to (i) the then-current number of Multi-Family Households
in the Approved Multi-Family Buildings and (ii) the Multi-Family Buildings in the Service
Area from which Contractor collects In-Scope PPP.
(b) Recycle BC may also provide evidence of the then-current number of Multi-Family
Households in the Approved Multi-Family Buildings. Based on Contractor’s attestation
and the evidence provided by Recycle BC, Recycle BC and Contractor will work in good
faith to mutually agree on the new Multi-Family Household Baseline. If the agreed upon
new values of the foregoing trigger a change in the Fees payable pursuant to this
Attachment, the parties will update this Attachment by execution of a change order. Any
Dispute in establishing the foregoing will be resolved by the Dispute resolution process
under the Agreement.
4. If the average annual amount of In-Scope PPP collected per Multi-Family Household by
Contractor, in any 12 month period (based on the Multi-Family Household Baseline), falls below
75 kilograms, then Recycle BC may require Contractor to, within 90 days, prepare and submit to
Recycle BC for approval a remediation plan designed to raise its collection yield above 75
kilograms per Multi-Family Household. Following approval of the remediation plan by Recycle BC,
Contractor will execute the plan. Contractor will provide monthly reporting to Recycle BC detailing
the progress and outcomes of the remediation plan. If material improvement does not occur
within 90 days of beginning to execute the plan, then Contractor will work with Recycle BC to
establish additional changes and to adopt best practices recommended by Recycle BC in order to
increase collection yield, and, at Recycle BC’s discretion, may result in an equitable downward
change in the Fees to reflect the reduced value of the amount of In-Scope PPP being collected by
Contractor.
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Recycle BC Depot SOW June 22, 2018
SCHEDULE 2.1(c)
STATEMENT OF WORK FOR DEPOT COLLECTION SERVICES
This Statement of Work is incorporated into and forms part of the Master Services Agreement made
between City of Maple Ridge then known as District of Maple Ridge (“Contractor”) and MMBC Recycling
Inc. carrying on business as Recycle BC (“Recycle BC”) made as of November 30, 2013 (the
“Agreement”). The effective date of this Statement of Work (the “SOW Effective Date”) is November 30,
2018.
SECTION 1. Interpretation
1.1 Definitions. In this Statement of Work (including the attachments hereto), the following terms will
have the following meanings. Capitalized terms used but not defined in this Statement of Work
will have the respective meanings ascribed to them in the Agreement.
“Agreement” has the meaning set out on the first page of this Statement of Work.
“Approved Depots” means, at any time, the Depots listed in Attachment 2.1.1 (as such
attachment may be amended from time to time), and “Approved Depot” means any one of them.
“Container” means any container used for storage of In-Scope PPP at a Depot.
“Customer” means all British Columbia residential users of a Depot.
“Depot” means a fixed location collection site operated by Contractor to which In-Scope PPP can
be delivered by Customers, whether designated as a Principal Depot or Satellite Depot and
including, in each case, all surrounding portions of such site from the public entrance way
onward, including any parking lots, buildings, and storage facilities.
“Depot Collection Services” has the meaning set out in Section 2.1.
“Designated Post-Collection Service Provider” means the entity, designated by Recycle BC, to
receive Contractor-collected In-Scope PPP.
“Household In-Scope PPP” means In-Scope PPP from a residential household.
“ICI PPP” means In-Scope PPP from an ICI location.
“In-Scope PPP” mean the PPP set out in Attachment 2.1.2 and such other materials identified as
In-Scope PPP by Recycle BC in writing from time to time.
“Industrial, Commercial and Institutional” or “ICI” means any operation or facility other than a
residential household, including but not limited to industrial operations of any size; commercial
operations of any size including small businesses with one or more employees, retail stores,
offices, strip malls and vacation facilities, such as hotels, motels, cottages, cabins and rental, co-
operative, fractional ownership, time-share or condominium accommodation associated with
sports and leisure facilities (e.g., ski resorts); and, institutional operations of any size including
schools, churches, community buildings, local government buildings, arenas, libraries, fire halls,
police stations, social or community service organizations and residences at which medical care
is provided, such as nursing homes, long-term care facilities and hospices.
“Not Accepted Materials” means, collectively, any material that is not PPP (as that term is
defined in the Agreement).
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Recycle BC Depot SOW June 22, 2018
“OCC” means paper-based material consisting of a fluted corrugated sheet and one or two flat
linerboards.
“Principal Depot” means an Approved Depot from which In-Scope PPP is picked up by the
Designated Post-Collection Service Provider.
“Reuse” means conventional reuse where the item is used again whole and intact for the same
function (e.g. a refillable milk bottle refilled with milk by a dairy), and next-life reuse where the
item is used for a different function (e.g. a wine bottle reused to hold flowers).
“Satellite Depot” means an Approved Depot from which Contractor transports In-Scope PPP to
a designated Principal Depot for pick-up by the Designated Post-Collection Service Provider.
“Scavenge” means unauthorized rerouting of collected In-Scope PPP to anyone other than the
Designated Post-Collection Service Provider. Scavenging does not include the diversion of In-
Scope PPP for Reuse.
“Service Commencement Date” means November 30, 2018.
“SOW Effective Date” has the meaning set out on the first page of this Statement of Work.
“SOW Services” has the meaning set out in Section 2.
“Temporary Collection Site” means a temporary or mobile collection site to which In-Scope PPP
can be delivered by Customers.
1.2 Attachments. As of the Effective Date, the following attachments form part of this Agreement
(note that attachment numbering is not sequential and is based on a related section reference):
Attachment Description
Attachment 2.1.1 – Approved Depots
Attachment 2.1.2 – In-Scope PPP
Attachment 3.4 – Service Level Failures
Attachment 5 – Fees
SECTION 2. SERVICES
Contractor will provide, on the terms and conditions set out in the Agreement as supplemented and
modified by the terms and conditions of this Statement of Work, the following Services (the “SOW
Services”):
2.1 Depot Collection Services. Beginning on the Service Commencement Date, Contractor will
collect In-Scope PPP from Customers at each of the Approved Depots as further described in this
Section 2.1 (“Depot Collection Services”) and in accordance with the terms of the Agreement
and this SOW .
2.1.1 Depots.
(a) Contractor may not collect In-Scope PPP at any collection site other than an
Approved Depot or Temporary Collection Site.
(b) Contractor may not add any Depot to the list of Approved Depots without the
prior written approval of Recycle BC, such written approval to specify (i) a date
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Recycle BC Depot SOW June 22, 2018
mutually acceptable to the parties on which such Depot will be added to the list of
Approved Depots, (ii) whether such Depot will be designated as a Principal
Depot or a Satellite Depot and (iii) if such Depot is a Satellite Depot, the
designated Principal Depot. Effective as of the date such Depot is added to the
list of Approved Depots, Attachment 5 will be amended if and to the extent
necessary.
(c)Contractor may not remove any Depot from the list of Approved Depots without
the prior written approval of Recycle BC, such written approval to specify a date
mutually acceptable to the parties on which such Depot will be removed from the
list of Approved Depots. Effective as of the date such Depot is removed from the
list of Approved Depots, Attachment 5 will be amended if and to the extent
necessary.
(d)Contractor may not operate or collect In-Scope PPP at a Temporary Collection
Site except (i) with the prior written approval of Recycle BC and (ii) in accordance
with the terms and conditions set forth in such written approval.
2.1.2 PPP Materials.
(a)Contractor will collect all In-Scope PPP that Customers bring to an Approved
Depot.
(b)Materials collected under this Statement of Work may not contain more than 3%
by weight of Not Accepted Materials. Materials exceeding 3% by weight of Not
Accepted Materials may be subject to rejection by the Designated Post-
Collection Service Provider and may result in Service Level Failure Credits.
(c)Materials collected under this Statement of Work may not contain hazardous or
special waste.
(d)Contractor will implement and maintain reasonable procedures to ensure that
materials deposited into Containers at each Depot comply with the requirements
set forth in this Section 2.1.2, including procedures to monitor the content of
collected material and procedures to notify and reject material from Customers
who do not comply with such requirements. Such procedures are subject to
review by Recycle BC at any time and from time to time. If Recycle BC
determines that such procedures are inadequate, Contractor will adopt such
procedures as Recycle BC may reasonably require in order to ensure
compliance with this Section 2.1.2.
2.1.3 Collection.
(a)Contractor will not place limits on the quantity of In-Scope PPP delivered by
Customers to a Principal Depot if the In-Scope PPP is from a household. Limits
may be placed on the quantity or types of In-Scope PPP delivered by Customers
to Satellite Depots, at Contractor’s sole discretion.
(b)Each Depot must be fully staffed when open to Customers. A Depot is
considered to be “fully staffed” when there are a sufficient number of staff
members that staff are able to (i) regularly check the Containers into which
Customers place In-Scope PPP throughout the period of time the Depot is open
to Customers, (ii) instruct and direct Customers to place In-Scope PPP in the
appropriate Containers or locations, (iii) promptly and regularly remove items that
are not In-Scope PPP, (iv) promptly and regularly remove items which
- 4 -
Recycle BC Depot SOW June 22, 2018
Customers did not properly place in the appropriate Containers or locations, (v)
communicate with Customers about contamination problems or improperly sorted
In-Scope PPP and (vi) otherwise comply with the requirements of this Agreement
(including without limitation Sections 2.1.2(d) and 2.2).
(c) Each Depot must be securely fenced and/or locked when closed to Customers. A
Depot is considered to be “securely fenced and/or locked” when (i) Customers
are not able to deliver In-Scope PPP to the Depot and (ii) access to the Depot is
restricted and the In-Scope PPP stored at the Depot and awaiting pick-up by the
Designated Post-Collection Service Provider is safe from tampering and
vandalism.
(d) Unless otherwise agreed with the Designated Post-Collection Service Provider, if
Contractor is:
(i) baling printed paper, paper packaging and/or OCC, the minimum bale
density must be 450 kg per cubic meter;
(ii) baling polyethylene film packaging, the minimum bale density must be
350 kg per cubic meter;
(iii) baling polystyrene foam packaging, the minimum bale density must be
75 kg per cubic meter; or
(iv) densifying polystyrene foam packaging, the minimum biscuit density
must be 275 kg per cubic meter.
2.1.4 Containers
(a) Containers to be removed from a Principal Depot for transport of In-Scope PPP
by the Designated Post-Collection Service Provider will be provided by and
remain the property of the Designated Post-Collection Service Provider. Upon
termination or expiration of this Statement of Work or the Agreement, any
Containers provided by the Designated Post-Collection Service Provider in
accordance with this Section 2.1.4(a), will be returned to the Post-Collection
Service Provider.
(b) Any Containers that are not intended to be removed from the Depot for transport
of In-Scope PPP by the Designated Post-Collection Service Provider will be
provided by Contractor. Upon termination or expiration of this Statement of Work
or the Agreement, any Containers provided by Contractor to provide the Depot
Collection Services will remain the property of Contractor.
(c) Contractor may not allow Customers to deposit In-Scope PPP into Containers in
single-use bags.
2.1.5 Designated Post-Collection Service Provider.
(a) The Designated Post-Collection Service Provider will only pick-up In-Scope PPP
collected by Contractor pursuant to this Statement of Work (including In-Scope
PPP collected at a Satellite Depot or Temporary Collection Site) at a Principal
Depot. In the case of In-Scope PPP collected at a Satellite Depot, Contractor is
solely responsible, at its own cost and expense, for (i) transporting such In-Scope
PPP to the designated Principal Depot in a manner acceptable to Recycle BC, (ii)
consolidating In-Scope PPP collected at the Satellite Depot with In-Scope PPP
collected at the designated Principal Depot in a manner acceptable to Recycle
BC and (iii) preparing the In-Scope PPP collected at the Satellite Depot for pick-
up by the Designated Post-Collection Service Provider at the designated
- 5 -
Recycle BC Depot SOW June 22, 2018
Principal Depot in a manner acceptable to the Designated Post-Collection
Service Provider.
(b)Contractor will maintain all In-Scope PPP collected by Contractor pursuant to this
Statement of Work (including In-Scope PPP collected at a Satellite Depot or
Temporary Collection Site) for pick-up by the Designated Post-Collection Service
Provide in a manner that is segregated, at a minimum, as set out in Attachment
2.1.2, and which is baled (or not baled) in accordance with the selections in the
table(s) in Section 1(a) of Attachment 5.
(c)Contractor will (i) ensure all In-Scope PPP collected by Contractor pursuant to
this Statement of Work (including In-Scope PPP collected at a Satellite Depot or
Temporary Collection Site) Principal is made available for pick-up by the
Designated Post-Collection Service Provider at a Principal Depot and (ii) may not
charge any amounts to the Designated Post-Collection Service Provider for
collecting such In-Scope PPP from a Principal Depot. Without limiting the
generality of the foregoing, Contractor will not deliver In-Scope PPP collected by
Contractor pursuant to this Statement of Work to any person or facility (including
without limitation a landfill, incinerator or energy recovery facility) other than the
Designated Post-Collection Service Provider or otherwise dispose of any In-
Scope PPP collected at a Depot without prior written authorization from Recycle
BC.
(d)Contractor will store In-Scope PPP collected by Contractor pursuant to this
Statement of Work in a manner acceptable to the Designated Post-Collection
Service Provider and Recycle BC. Without limiting the generality of the foregoing,
Contractor will, at the request of Recycle BC, adopt such procedures and
measures, whether permanent or temporary, as Recycle BC determines is
necessary to ensure that such In-Scope PPP is adequately protected from rain,
snow and other inclement weather or otherwise to protect the recyclability and
marketability of such In-Scope PPP.
(e)Recycle BC may change the Designated Post-Collection Service Provider upon
30 days’ notice.
(f)If the Designated Post-Collection Service Provider rejects any material made
available for pick-up at a Principal Depot due to a verified claim that such
material contains (i) more than 3% by weight of Not Accepted Materials or (ii) any
hazardous or special waste, Recycle BC reserves the right to designate
alternative procedures and requirements associated with respect to such material
and to deduct any additional costs associated therewith from the Fees otherwise
due to Contractor.
2.1.6 PPP from Industrial, Commercial and Institutional Sources
(a)Contractor will not be entitled to receive any Fees or other payments in respect of
ICI PPP and will be solely responsible for any costs associated with the collection
and management of ICI PPP. The amount of Household In-Scope PPP collected
at a Depot (the “Determined Household Amount”) will be determined in
accordance with Section 2.1.6(b). Without limiting the generality of the foregoing,
Contractor acknowledges and agrees that Contractor will be solely responsible
for any costs or fees charged by the Designated Post-Collection Service Provider
in respect of ICI PPP.
(b)For purposes of determining the Determined Household Amount in respect of a
Depot, Contractor will adopt one of the following options (each, an “ICI
- 6 -
Recycle BC Depot SOW June 22, 2018
Management Option”) for such Depot, in each case as set forth in Attachment
2.1.1.
Option 1 – Separation of Household In-Scope PPP from ICI PPP – Contractor
will ensure that Household In-Scope PPP is received, weighed and processed
separately from ICI PPP. Contractor will implement and maintain rules and
procedures acceptable to Recycle BC to ensure that Household In-Scope PPP is
received, weighed and processed separately from ICI PPP in such manner
(including ensuring that Containers are clearly marked to indicate which are for
Household In-Scope PPP and which are for ICI PPP) as is necessary to ensure
that the amount of Household In-Scope PPP collected at the Depot is accurately
determined. The separation of Household In-Scope PPP and ICI PPP will be
clearly communicated to Customers in a manner acceptable to Recycle BC and
consistently applied and enforced by Contractor.
Option 2 – No Collection of ICI PPP – Contractor will not accept ICI PPP at the
Depot. Contractor will implement and maintain rules and procedures acceptable
to Recycle BC to ensure that only Household In-Scope PPP is collected at the
Depot. The fact that ICI PPP may not be delivered to the Depot will be clearly
communicated to Customers in a manner acceptable to Recycle BC and
consistently applied and enforced by Contractor.
Option 3 – Calculation of Mix of Household In-Scope PPP and ICI PPP –
Contractor will determine the percentage of In-Scope PPP collected at the Depot
that is comprised of ICI PPP (the “Determined ICI Amount”) using a
methodology acceptable to Recycle BC in its sole discretion. Once the
Determined ICI Amount has been determined in accordance with such
methodology, Contractor will provide to Recycle BC such records and information
as Recycle BC reasonably requires in order to confirm that the Determined ICI
Amount accurately reflects ratio of Household In-Scope PPP to ICI PPP collected
at the Depot, including without limitation:
(i) over a period that represents at least 20% of the annual tonnage
collected by the Depot in any year, (A) the number of vehicles from a
residential address that did not contain ICI PPP and (B) the number of
vehicles from a non-residential address or that otherwise contained ICI
PPP collected by the Depot; and
(ii) over a period that represents at least 20% of the annual tonnage
collected by the Depot in any year, (A) the aggregate weight of
Household In-Scope PPP and (B) the aggregate weight of ICI PPP
collected by the Depot.
On an annual basis on a date to be determined by Recycle BC, and at such other
time as the parties may agree, Contractor will determine the then-current ratio of
Household In-Scope PPP to ICI PPP collected at the Depot. If Recycle BC
determines that Determined ICI Amount does not accurately reflect the then-
current ratio of Household In-Scope PPP to ICI PPP collected at the Depot,
Recycle BC will be entitled to make such adjustments to the Determined ICI
Amount as it considers necessary.
Option 4 – Automatic Deduction of Fixed ICI Percentage – The Determined
Household Amount will be calculated by deducting a fixed percentage (the
“Fixed ICI Percentage”) from the weight of the In-Scope PPP collected at the
Depot, which amount shall initially be 25%. Recycle BC will be entitled to monitor
the amount of ICI PPP collected at the Depots and, should the quantity of In-
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Recycle BC Depot SOW June 22, 2018
Scope PPP collected at the Depot be greater than the Fixed ICI Percentage,
Recycle BC shall be entitled to increase the Fixed ICI Percentage so that it
reflects the ratio of Household In-Scope PPP to ICI PPP collected at the Depot.
(c)All rules, procedures and methodologies adopted by Contractor pursuant to this
Section 2.1.6 are subject to review by Recycle BC at any time and from time to
time. If Recycle BC determines that such rules, procedures or methodologies in
respect of a Depot are inadequate for purposes of ensuring that Contractor only
receives Fees or other payments under this Statement of Work for Household In-
Scope PPP, Contractor will adopt such rules, procedures or methodologies as
Recycle BC may reasonably require in order to ensure compliance with this
Section 2.1.6.
(d)Contractor may change the ICI Management Option for a Depot with the prior
written approval of Recycle BC. A decision to accept a request to change the ICI
Management Option for a Depot is solely at Recycle BC’s discretion, but will not
generally be withheld if Recycle BC determines that such change will not impair
the ability of Recycle BC to accurately determine the amount of Household In-
Scope PPP collected at the Depot.
(e)Recycle BC may at any time change the ICI Management Option applicable to a
Depot if Recycle BC, in its sole discretion, determines that (i) the rules and
procedures necessary to operate such Depot in a manner consistent with the
applicable ICI Management Option are not being consistently applied and
enforced or (ii) the application of the applicable ICI Management Option does not
enable Recycle BC to accurately determine the amount of Household In-Scope
PPP collected at the Depot.
2.1.7 Spillage.
(a)All In-Scope PPP collected at a Depot will be completely contained in Containers
at all times, except when material is actually being loaded.
(b)Any spillage of materials that occurs at a Depot or while transporting materials
from a Satellite Depot to the designated Principal Depot will be immediately
cleaned up or removed by Contractor at its sole expense. Contractor will keep
accurate records of each occurrence of spillage and of its clean-up, and will
make such records available to Recycle BC on request and, if requested by
Recycle BC, as part of a regular report to be delivered with such frequency as
requested by Recycle BC (but not more frequently than monthly). Contractor
expressly acknowledges it is solely responsible for any violations of Applicable
Law that may result from said spillage.
(c)Without limiting Section 2.1.7(b) above, any discharge of liquid wastes or oils that
may occur at Depots or while transporting materials from a Satellite Depot to the
designated Principal Depot will be promptly cleaned up or removed by Contractor
and will be remediated by Contractor at its sole expense. Such clean-up or
removal will be documented with photographs and notice of such clean-up or
removal will be provided to Recycle BC in writing. Contractor will comply with all
Applicable Laws in respect of ground-water or drainage systems safety and
standards.
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Recycle BC Depot SOW June 22, 2018
2.1.8 Schedule.
(a) Contractor will clearly indicate at each Depot (i) the day(s) of the week that the
such Depot will be open and (ii) on each day that the Depot is open, the hours of
operation when In-Scope PPP can be delivered to the Depot.
(b) Contractor may change the day(s) of the week that a Depot will be open or the
hours of operation when In-Scope PPP can be delivered to the Depot by giving
written notice to Recycle BC at least 45 days prior to the effective date of the
proposed change and obtaining written approval from Recycle BC. If Recycle
BC approves the proposed change, Contractor will provide Customers with a
minimum of 30 days’ notice of the schedule change.
(c) Each Depot will remain open for collection of In-Scope PPP on the day(s) of the
week and at the hours specified under Section 2.1.8(a) regardless of weather
conditions, unless weather conditions are such that continued operation would
result in danger to Contractor personnel, Customers or property. Contractor will
maintain accurate records of all disruptions to Depot Collection Services that are
due to hazardous weather, including time closed.
2.1.9 Pilot Programs.
(a) Recycle BC may wish to test or implement one or more new services or
developments in PPP material segregation, processing, or collection technology.
Recycle BC will notify Contractor in writing at least 90 days prior of its intention to
implement a pilot program or of its intentions to utilize a new technology system
at any Depot. The allocation of any costs (or savings) accrued by Recycle BC-
initiated pilot programs will be negotiated prior to implementation pursuant to the
change process in Section 2.2 of the Agreement. If Recycle BC deems the pilot a
success, and desires to incorporate the service or development represented in
the pilot program into this Statement of Work, such a change will be made
pursuant to the change process in Section 2.2 of the Agreement.
(b) Contractor-initiated pilot programs will require prior written notification to and
written approval by Recycle BC. Contractor-initiated pilot programs will be
performed at no additional cost to Recycle BC.
2.2 Customer Service.
2.2.1 Customer Service Requirements
(a) Without limiting the generality of Section 2.1.3(b), at all times when a Depot is
open for collection of In-Scope PPP, Contractor will ensure that the Depot is
sufficiently staff to provide personal Customer service, educate Customers
regarding In-Scope PPP accepted and avoid Customer delay.
(b) Contractor will place signage at each Depot to assist Customers in delivering In-
Scope PPP to the appropriate areas of the Depot. Signage is to incorporate
images and graphics available from Recycle BC and is subject to approval by
Recycle BC.
(c) Contractor's Customer service office and call center will be accessible by a local
area code and prefix phone number. Customer service representatives will be
available through Contractor's call center during office hours for communication
with Customers and Recycle BC representatives. Customer calls will be taken
- 9 -
Recycle BC Depot SOW June 22, 2018
during office hours by a person, not by voice mail. During all non-office hours for
the call center, Contractor will have an answering or voice mail service available
to record messages from all incoming telephone calls, and include in the
message an emergency telephone number for Customers to call outside of
normal office hours in case of an emergency.
(d)Contractor will maintain a 24 emergency telephone number for use by Recycle
BC. Contractor will have a representative, or an answering service to contact
such representative, available at such emergency telephone number for Recycle
BC-use during all hours, including normal office hours.
(e)Contractor’s Customer service representatives will have instantaneous electronic
access to Customer service data and history to assist them in providing excellent
Customer service.
2.2.2 Customer Service Representative Staffing
(a)Contractor will maintain sufficient staffing to answer and handle complaints and
service requests in a timely manner made by all methods including telephone,
letters, e-mails and text messages. If staffing is deemed to be insufficient by
Recycle BC to handle Customer complaints and service requests in a timely
manner, Contractor will increase staffing levels to address the performance
deficiency.
(b)If Contractor did not provide Depot Collection Services at a Depot immediately
prior to the Service Commencement Date, Contractor will provide additional
staffing at such Depot from Service Commencement Date through the end of the
four month anniversary of the Service Commencement Date to ensure that
sufficient staffing is available to minimize Customer waits and inconvenience.
Contractor will receive no additional compensation for increased staffing levels
during the implementation period. Staffing levels during the implementation
period will be subject to prior Recycle BC review and approval.
2.2.3 Customer Complaints and Requests
(a)Contractor will record all Customer complaints and service requests, regardless
of how received, including date, time, Customer’s name and address, if the
Customer is willing to give this information, method of transmittal, and nature,
date and manner of resolution of the complaint or service request in a
computerized daily log. Any telephone calls received via Contractor's non-office
hours voice mail or answering service will be recorded in the log the following
Business Day. Contractor will make a conscientious effort to resolve all
complaints and service requests within 24 hours of the original contact. If a
longer response time is necessary for complaints or requests, the reason for the
delay will be noted in the log, along with a description of Contractor’s efforts to
resolve the complaint or request.
(b)Contractor’s customer service log will be available for inspection by Recycle BC
during Contractor's office hours, and will be in a format approved by Recycle BC.
Contractor will provide a copy of this log in an electronic format from the
Microsoft Office suite of software to Recycle BC on request, and if requested by
Recycle BC, as part of a regular report to be delivered with such frequency as
requested by Recycle BC (but not more frequently than monthly).
-10 -
Recycle BC Depot SOW June 22, 2018
2.3 Promotion and Education.
2.3.1 Where the Contractor is not a local government, Recycle BC will have primary
responsibility for developing, designing, and executing public promotion, education,
and outreach programs. Contractor will provide Recycle BC with assistance and
cooperation, including distributing Recycle BC-developed promotional and
educational brochures and assisting with promotion, education and outreach
programs at the direction of Recycle BC. Where Contractor is a local government,
Contractor will have primary responsibility for executing public promotion, education,
and outreach programs, incorporating Recycle BC-developed communications
messages and images in Contractor public promotion, education, and outreach
programs.
2.3.2 Recycle BC reserves the right, at its sole discretion, to require Contractor to seek
advance approval of any or all public promotion, education and outreach materials
associated with the collection of In-Scope PPP, including but not limited to recycling
guides, website content and Depot signage.
2.3.3 If Contractor receives Resident Education Top Up payments in accordance with
Attachment 5, Contractor must spend the total amount of the Resident Education
Top Up payments paid to Contractor on promotion, education and outreach
programs on an annual basis.
2.3.4 Contractor will have primary responsibility for providing Customers service-oriented
information such as hours of operation of the Depots.
SECTION 3. Performance Standards and Operational Requirements
3.1 Personnel Conduct. Contractor personnel performing Depot Collection will at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their
work without delay, minimize noise, and avoid damage to public or private property.
3.2 Facility Standards. Without limiting any other requirements or obligations of Contractor,
Contractor will meet or exceed the following standards:
3.2.1 Depots will be of sufficient size and dimension to provide Depot Collection Services
to Customers and access for Post-Collection Service Providers.
3.2.2 Depots will be maintained in a clean and sanitary manner. All collection areas will
have appropriate safety markings, all in accordance with applicable law. Equipment
will be maintained in good condition at all times. All facilities and the equipment to
manage the In-Scope PPP will operate properly and be maintained in a condition
compliant with all applicable laws, good industry standards, and be in a condition
satisfactory to Recycle BC. All vehicles used by the facility for the management of In-
Scope PPP will be equipped with variable tone or proximity activated reverse
movement back-up alarms.
3.2.3 Contractor will receive prior written approval from Recycle BC for all Depot signage,
including Contractor labeling and program information. Contractor will place Recycle
BC-provided logos on Depots as directed at no additional cost to Recycle BC.
3.3 SOW Record and Reporting Requirements.
3.3.1 Service Delivery Reporting. In addition to the record keeping and reporting
requirements in the Agreement, Contractor will:
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Recycle BC Depot SOW June 22, 2018
(a)provide to Recycle BC, on the Service Commencement Date and at such other
times as Recycle BC may request, a complete inventory of the equipment to be
used by Contractor to perform Depot Collection Services;
(b)maintain such other records as may be requested by Recycle BC, including:
(i)in respect of each Depot, tonnage by each date on which the Designated
Post-Collection Service Provider removed the In-Scope PPP from the
Depot;
(ii)changes to equipment or inventory; and
(iii)Customer communications related to Depot Collection Services including
telephone calls, letters, e-mails, text messages or webpage messages
received;
(c)make all records maintained pursuant to this Statement of Work available to
Recycle BC upon request and, if requested by Recycle BC, provide a regular (but
no more frequently than monthly) report to Recycle BC, in a format and by a
method approved by Recycle BC, setting out or summarizing (at Recycle BC’s
discretion) such records as may be indicated by Recycle BC for the reporting
period;
(d)upon Recycle BC’s request, provide up to two reports each year on associated
collection metrics necessary to the calculation of greenhouse gas emissions
associated with the performance of Depot Collection Services; and
(e)upon Recycle BC’s request, provide up to four ad-hoc reports each year, at no
additional cost to Recycle BC. These reports may include Customer service
database tabulations to identify specific Service Level or participation patterns or
other similar information. Reports will be provided in Recycle BC-defined format
and software compatibility. These reports will not require the Contractor to
expend more than 60 staff hours per year to complete.
3.3.2 Claims Reporting
(a)At Recycle BC’s discretion, responsibility for claim reporting under Section
3.3.2(b) shall be assigned by Contractor to the Designated Post-Collection
Service Provider.
(b)All Household In-Scope PPP picked-up by the Designated Post-Collection
Service Provider from a Principal Depot must be documented in a manner
specified by Recycle BC from time to time, including by a certified scale ticket
provided by the Designated Post-Collection Service Provider, with Depot name
and address, Designated Post-Collection Service Provider name and address,
date, time, truck number, net weight by material type (by material types set out in
Attachment 2.1.2, by baled versus loose and, for Category 5, by white versus
coloured) and such other information as Recycle BC may designate (collectively,
“Claim Information”). Recycle BC’s claim reporting system will be customized to
display only the material types classifications applicable to a particular Depot, the
terminology for which may differ than that set out in Attachment 2.1.2.
(c)Contractor or the Designated Post-Collection Service Provider, as applicable, will
report the Claim Information with respect to any Household In-Scope PPP
picked-up by the Designated Post-Collection from a Principal Depot through
- 12 -
Recycle BC Depot SOW June 22, 2018
Recycle BC’s claims reporting portal or through such other method as Recycle
BC may designate within ten Business Days of the pick-up date.
(d) Recycle BC will issue a claim summary to Contractor based on Claim Information
provided to Recycle BC by Contractor or the Designated Post-Collection Service
Provider, as applicable, and Contractor will review the claim summary for
accuracy. Contractor must report to Recycle BC any content in the claim
summary that Contractor disputes within 5 days of the claim summary being
issued.
(e) After Recycle BC has approved the Claim Information, Recycle BC will issue a
purchase order to Contractor, including a reference number. Recycle BC may, at
its discretion, choose to issue payment to Contractor based on the approved
purchase order without the need for Contractor to submit an invoice. Where
invoices are required by Recycle BC, Contractor will invoice Recycle BC using
the contact information provided by Recycle BC for such purpose (as may be
updated by Recycle BC from time to time).
(f) Standard tare weights for specific trucks may only be used on specific written
permission of Recycle BC.
3.4 Service Levels. If Contractor fails to meet any Service Level set out in Attachment 3.4, Recycle
BC will be entitled to the applicable Service Level Failures set out in Attachment 3.4.
SECTION 4. SOW Term
This Statement of Work will commence on the SOW Effective Date and its initial term will continue until
December 31, 2023. Recycle BC may extend this Statement of Work for up to two further periods of one
year each, by giving Contractor notice in writing not less than 30 days’ before the expiration of the initial
term or any such additional term or terms. The initial term and any such additional term or terms are
herein referred to as the “SOW Term”.
SECTION 5. Fees
The Fees payable by Recycle BC for the performance by Contractor of the SOW Services are set out in
Attachment 5 to this Statement of Work, and such Fees begin after the Service Commencement Date.
For the avoidance of doubt, Contractor and acknowledges and agrees that it will not be entitled to receive
any Fees in respect of ICI PPP collected at Depots.
SECTION 6. Additional Terms
6.1 No Double Charge. Contractor will not directly or indirectly charge Customers, including without
limitation by way of tax, levy or other surcharge, for the cost of providing the SOW Services if and
to the extent that such costs are covered by Fees (prior to deducting any Service Level Failure
Credits) or other payments Contractor is entitled to receive from Recycle BC under this Statement
of Work. For the avoidance of doubt, Contractor acknowledges and agrees that it shall not be
entitled to charge any Customer a direct fee for dropping off or delivering Household In-Scope
PPP to a Depot.
6.2 Scavenging Forbidden. Contractor will not Scavenge, or permit any person (including its
employees) to Scavenge, any materials from In-Scope PPP that have been delivered by
Customers to the Depot) at any time and at any location during Contractor’s performance of the
Services or otherwise.
-13 -
Recycle BC Depot SOW June 22, 2018
6.3 Risk. Contractor will bear all costs of receipt and storage of the In-Scope PPP. Contractor will be
responsible for all risks, including risk of loss of, or damage caused by, the In-Scope PPP from
the time the In-Scope PPP is received by Contractor until pick up by the Designated Post-
Collection Service Provider. In-Scope PPP will be deemed to be delivered to the Designated
Post-Collection Service Provider when picked up from Contractor’s facility and accepted by the
signature of an authorized representative of the Designated Post-Collection Service Provider.
Contractor will be responsible for the cost of any damage to Containers caused by Contractor.
6.4 Shared Services. Contractor may collect material other than In-Scope PPP at the Depot if (a) the
activities do not interfere with Depot Collection of Household In-Scope PPP from Customers and
(b)Contractor adopts such rules and procedures as are necessary to ensure that such materials
are not mixed with Household In-Scope PPP. Such rules and procedures are subject to review by
Recycle BC at any time and from time to time. If Recycle BC determines that such rules and
procedures or methodologies in respect of a Depot are inadequate, Contractor will adopt such
rules and procedures as Recycle BC may reasonably require in order to ensure compliance with
this Section 6.4.
6.5 No Exclusivity. Execution of this Statement of Work does not confer on Contractor exclusive
access to Customers in proximity to the Depots or otherwise.
(Signature page follows.)
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Recycle BC Depot SOW June 22, 2018
IN WITNESS WHEREOF the parties have executed this Statement of Work effective as of the SOW
Effective Date.
MMBC RECYCLING INC. CITY OF MAPLE RIDGE
Per: _______________________________
(I have authority to bind Recycle BC)
Per: ______________________________
(I have authority to bind Contractor)
Name: _______________________________
(Please Print)
Name: _______________________________
(Please Print)
Title: _______________________________ Title: _______________________________
Per: _______________________________
(I have authority to bind Contractor)
Name: _______________________________
(Please Print)
Title: _______________________________
Note: Second signatory to be completed by Contractor
only if Contractor requires two signatories (and by leaving
the second signatory blank and returning the Statement
of Work to Recycle BC, Contractor and the first signatory
represent that no additional signatories are required).
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Recycle BC Depot SOW June 22, 2018
ATTACHMENT 2.1.1 TO SCHEDULE 2.1(c)
APPROVED DEPOTS
Principal Depot Details
Depot Name Street
Number Street Name City Postal
Code
ICI Management
Option
Maple Ridge Recycling
Depot 10092 236th Street Maple Ridge V2W 1B7 Option 1
-16 -
Recycle BC Depot SOW June 22, 2018
ATTACHMENT 2.1.2 TO SCHEDULE 2.1(c)
IN-SCOPE PPP
For the purpose of this Statement of Work, In-Scope PPP will mean the material described in the
categories of PPP below that have been selected as indicated by an x in the associated check box (and
the In-Scope PPP shall be segregated, at a minimum, in the streams that have been selected below):
PPP in Category 1 segregated from all other PPP.
PPP in Category 2 segregated from all other PPP.
PPP in Category 3(a) segregated from all other PPP.
PPP in Category 3(b) segregated from all other PPP.
PPP in Category 4 segregated from all other PPP.
PPP in Category 5 (white) segregated from all other PPP.
PPP in Category 5 (coloured) segregated from all other PPP.
PPP in Category 6 segregated from all other PPP.
PPP in Category 7 segregated from all other PPP.
PPP in Category 8 segregated from all other PPP.
PPP in Category 9 segregated from all other PPP.
PPP in Category 1, Category 2, and Category 3(b) which may be comingled together, but
must be segregated from all other PPP.
PPP in Category 3(a), Category 6, and Category 7 which may be comingled together, but
must be segregated from all other PPP.
To the extent beverage containers as defined in Schedule 1 of the Recycling Regulation to the
Environmental Management Act (BC) are comingled with In-Scope PPP that Customers drop off at the
Depot, such beverage containers shall be deemed to be In-Scope PPP for the purposes of this Statement
of Work , with polycoated beverage containers defined as Category 3(a), plastic beverage containers
defined as Category 6, metal beverage containers defined as Category 7 and glass beverage containers
defined as Category 8.
Collection of Category 9 will not be mandatory until January 1, 2019.
- 17 -
Recycle BC Depot SOW June 22, 2018
ATTACHMENT 3.4 TO SCHEDULE 2.1(c)
SERVICE LEVELS FAILURES
Contractor will incur the following Service Level Failure Credits on the following Service Level Failures;
provided, however, that the aggregate amount of Service Credit Level Failures in respect of any calendar
year shall not exceed the aggregate amount of Fees payable to Contractor in respect of such calendar
year:
Service Level Failure Service Level Failure Credit
1 Failure to clean-up or collect materials that have spilled outside
the Depot boundary within 2 hours.
Twice the cost of cleanup
incurred by Recycle BC (if
Recycle BC performs the
cleanup) and $500 per incident
(regardless of who performs the
cleanup).
2 Pick up by the Designated Post-Collection Service Provider of
materials that contain more than 3% by weight of Not Accepted
Materials.
$5,000 per weigh-scale ticketed
load, provided that the aggregate
Service Level Failure Credit for
this Service Level Failure in
respect of any calendar year
shall not exceed $120,000.
3 Contractor delivers In-Scope PPP collected at a Depot to any
person or facility (including without limitation a landfill,
incinerator or energy recovery facility) other than the
Designated Post-Collection Service Provider or otherwise
disposes of any In-Scope PPP collected at a Depot without the
prior written authorization of Recycle BC.
$25,000 per incident.
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Recycle BC Depot SOW June 22, 2018
ATTACHMENT 5 TO SCHEDULE 2.1(c)
FEES
In consideration for Contractor’s performance of the SOW Services, Recycle BC will pay Contractor the
following amounts for Household In-Scope PPP collected pursuant to this Statement of Work and made
available to the Designated Post-Collection Service Provider for pick-up at a Principal Depot:
(a)The selected (as indicated by an x in the associated check box) per tonne amounts (including, if
selected, the additional baled amount), to be invoiced and paid pursuant to the claims submission
process in accordance with the terms of the Agreement.
Depot Collection Financial Incentive
PPP
Description
Categories Materials
Depot in a
Community Without
PPP Curbside/Multi-
Family Collection
Depot in a
Community With
PPP Curbside/Multi-
Family Collection
Additional
Incentive If
Baled 1
($/tonne) ($/tonne) ($/tonne)
Category 1 Printed papers $80 $60 +$110
Category 2 Old corrugated
cardboard $80 $60 +$110
Category 3 (a)
Other paper packaging
(containing liquids when
sold)
$130 $90 +$110
Category 3 (b)
Other paper packaging
(not containing liquids
when sold)
$80 $60 +$110
Category 4 Polyethylene film
packaging $500 $500 +$330
Category 5 Polystyrene foam
packaging – white $800 $800 +$330
Category 5 Polystyrene foam
packaging – coloured $800 $800 +$330
Category 6 Other plastic packaging $130 $90 +$110
Category 7 Metal packaging $130 $90 +$110
Category 8 Glass packaging $90 $90
Category 9 Other flexible plastic
packaging $500 $500 +$330
Categories 1, 2
& 3(b)
Printed papers, old
corrugated cardboard,
and other paper
packaging (not
containing liquids when
sold)
$80 $60 +$110
Categories
3(a), 6 & 7
Other paper packaging
(containing liquids when
sold), other plastic
packaging and metal
packaging
$130 $90 +$110
Any change in whether Contractor bales or does not bale In-Scope PPP must be made pursuant
to the change procedure in Section 2.2 of the Agreement.
A Principal Depot is considered to be a “Depot in a Community With PPP Curbside/Multi-Family
Collection” if more than 80% of households within the drive time distance specified by Recycle
BC (the “Specified Drive Time Distance”) have access to PPP curbside or multi-family collection
services provided by a local government, private company or Recycle BC. The Specified Drive
1 In the case of polystyrene foam, baling includes densification.
-19 -
Recycle BC Depot SOW June 22, 2018
Time Distance in respect of a Principal Depot will not be less than 30 minutes or more than 45
minutes.
For purposes of this Attachment 5, a household is considered to have “access to PPP curbside or
multi-family collection services” if (i) in the case of a curbside household, it receives curbside
collection from any entity or (ii) the case of a multi-family household, it receives multi-family
collection from Contractor or Recycle BC (including, for the avoidance of doubt, any contractor
who has entered into an agreement to provide multi-family collection for or on behalf of Recycle
BC).
(b)Each of the following that are selected (as indicated by an x in the associated check box) in the
table below (which may be none): (i) the Resident Education Top Up amount and (ii) the Service
Administration Top Up amount, in each case as set out in the table below times the Depot Only
Baseline to be invoiced and paid in arrears, in equal quarterly payments, provided that Contractor
has submitted all applicable claims. The Depot Only Baseline will initially be 1,400 and may be
adjusted from time to time as set forth below.
Top Up
available to local governments accepting Depot
Collection incentive
$ per Depot Only Household per Year
Resident Education Top Up $0.75
Service Administration Top Up $1.75
In this Attachment 5:
“Depot Only Baseline” means the number of Depot Only Households in Contractor’s
jurisdiction.
“Depot Only Household” means a self-contained residential dwelling unit located in
Contractor’s jurisdiction that (i) in the case of a curbside household, does not receive curbside
collection from any entity or (ii) in the case of a multi-family household, does not receive multi-
family collection from Contractor or Recycle BC (including, for the avoidance of doubt, any
contractor who has entered into an agreement to provide multi-family collection for or on
behalf of Recycle BC).
On an annual basis on a date to be determined by Recycle BC, and at such other time as the
parties may agree, Contractor will, in good faith, report and attest (in a form acceptable to
Recycle BC) as to the then-current Depot Only Baseline. Recycle BC may also provide evidence
of the then-current Depot Only Baseline. Based on Contractor’s attestation and the evidence
provided by Recycle BC, Recycle BC and Contractor will work in good faith to mutually agree on
the Depot Only Baseline. Any Dispute in establishing the foregoing will be resolved by the
Dispute resolution process under the Agreement.
W ithout limiting Contractor’s obligations under this Statement of Work (including without limiting
the cost Contractor is required to incur to perform such obligations), the Resident Education Top
Up amount must be used for the purpose of providing resident education in respect of the Depot
Collection Services.
Page 1 of 3
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council FILE NO: 11-5255-40-182
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Increased Value to Contract ITT-EN18-37: Downtown Enhancement – Lougheed
Highway (224 Street to 226 Street)
EXECUTIVE SUMMARY:
The Downtown Enhancement project on Lougheed Highway (224 Street to 226 Street) that is
currently underway includes the provision of new concrete sidewalks and curbs, landscaped
medians and boulevards, ornamental street lighting, traffic signal modifications, irrigation and
asphalt road resurfacing. The project has received $2.3 million in federal and provincial funding
from the Small Communities Fund that requires completion by March 31, 2019.
On June 12, 2018, Council approved the award of the Contract for the Downtown Enhancement
Project to BA Blacktop Ltd. for $2,750,859.72 excluding taxes.
The project includes the installation of ornamental streetlights of the type consistent with the
standard in the previous phases of the Downtown Enhancement. Experience from those previous
phases showed that there is a long lead time for the supply of these ornamental streetlights.
Accordingly the City pre-ordered the streetlights to advance the schedule. The cost of the streetlights
is included in the approved budget. To avoid contractual conflicts it is appropriate for the contractor
to now assume responsibility for the supply of the streetlights and that the costs ($217,000.00) be
added to the BA Blacktop Ltd. Contract.
Also included in the approved budget is an allocation for property restoration. It is appropriate that
those costs ($150,000.00) be now included in the BA Blacktop Ltd. Contract.
Council approval to increase the total BA Blacktop Ltd. Contract value by $367,000.00 is required
for the purchase of the ornamental streetlights and the utilization of the property restoration funding.
The costs are included in the approved budget. No additional funding approval is required.
RECOMMENDATION:
THAT the BA Blacktop Ltd. Contract for ITT-EN18-37: Downtown Enhancement – Lougheed Highway
(224 Street to 226 Street), be increased by $367,000.00 from the overall project budget for the
purchase of ornamental streetlights and the funding for the property restoration.
1107
Page 2 of 3
DISCUSSION:
a)Background Context:
On June 12, 2018, Council approved the award of the Contract for the Downtown
Enhancement Project to BA Blacktop Ltd. for $2,750,859.72 excluding taxes.
The project includes the installation of ornamental streetlights of the type consistent with
the standard in the previous phases of the Downtown Enhancement. Experience from
those previous phases showed that there is a long lead time for the supply of thes e
ornamental streetlights. Accordingly the City pre-ordered the streetlights to advance the
schedule. The cost of the streetlights is included in the approved budget. To avoid
contractual conflicts it is appropriate for the contractor to now assume responsibility for
the supply of the streetlights and that the costs ($217,000.00) be added to the BA
Blacktop Ltd. Contract.
Also included in the approved budget is an allocation for property restoration. It is
appropriate that those costs ($150,000.00) be now included in the BA Blacktop Ltd.
Contract.
Council approval to increase the Contract value by $367,000.00 is required for the
purchase of ornamental streetlights and utilization of the property restoration funding.
b)Business Plan/Financial Implications:
This project is largely funded aby Ministry of Transportation & Infrastructure grant under
the New Building Canada Fund (NBCF) – Small Communities Fund valued at $2.3 million.
The total overall project budget is $3,715,438.00, and includes an allocation for the
streetlights and property restorations.
c)Citizen/Customer Implications:
Construction is currently in progress and extensive efforts are being made to minimize
the impact to traffic, residents, and businesses. Lougheed Highway remains open to
traffic throughout the construction although lane closures are required to expedite the
timeline. A communication strategy has been developed to ensure that business owners
are kept well informed of daily and weekly construction activities. Weekly project update
sheets are being hand distributed to all the business owners within the project limits, as
well as posted on the City’s project webpage.
Page 3 of 3
CONCLUSIONS:
Pre-purchasing the ornamental streetlights ensures that the project proceeds on schedule. It is
recommended that Council approve the addition of $367,000.00 to Contract ITT-EN18-37:
Downtown Enhancement – Lougheed Highway (224 Street to 226 Street) with BA Blacktop Ltd. for
the purchase of ornamental streetlights and utilization of the property restoration funding.
“Original signed by Maria Guerra” “Original signed by Trevor Thompson”
Prepared by: Maria Guerra, PEng. Financial Trevor Thompson, BBA, CPA, CGA
Acting Manager of Design & Construction Concurrence: Chief Financial Officer
“Original signed by David Pollock”
Reviewed by: David Pollock, PEng.
Municipal Engineer
“Original signed by Frank Quinn”
Approved by: Frank Quinn, MBA, PEng.
General Manager Public Works & Development Services
“Original signed by Paul Gill”
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
Page 1 of 2
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Maple Ridge Business Licencing and Regulation Amending Bylaw No. 7494-2018
EXECUTIVE SUMMARY:
On September 4, 2018 at Council Workshop, Council passed a resolution directing staff to prepare
an amendment to the Business Licencing and Regulation Bylaw to include the sale of non-medical
cannabis. This report has been prepared to comply with that resolution.
These amendments ensure that definitions within the Business Licencing and Regulation Bylaw
match the definitions in the Zoning Bylaw. Specifically, this is in relationship to the changes in the
Zoning Bylaw in regards to the retail sale of non-medical cannabis.
RECOMMENDATION(S):
That Maple Ridge Business Licencing and Regulation Amending Bylaw No.7494-2018 be given first,
second and third readings.
DISCUSSION:
a)Background Context:
The Federal government has announced that cannabis will be legal on October 17, 2018.
The Province has set out their guidelines for the retail sale and therefore the City of Maple
Ridge has started the process of defining how this will be applied in the City.
Council has given first and second reading to the zoning bylaw amendments and forwarded
those amendments to public hearing.
The final step is to amend the business licence bylaw to coincide with the changes in the
zoning bylaw. The definition and retail sections have been amended as shown in Appendix I.
The proposed licence fee is $5,000 which is estimated to cover the costs of licencing as well
as any compliance issues. A survey was done of other municipalities. While most of them are
still uncertain on terms, currently, Abbotsford and Langley are charging $5,000. The City of
Vancouver is currently charging $30,000 but we understand those fees are under review.
CONCLUSIONS:
The adoption of this bylaw will ensure that the Council resolution is completed. The proposed fee is
consistent with fees in some other municipalities and is estimated to cover the cost of licencing as
well as any compliance issues.
1108
Page 2 of 2
“Original signed by Frank Quinn for R. MacNair”
_______________________________________
Prepared by: R. MacNair
Senior Advisor, Bylaw & Licencing Services
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
General Manager: Public Works and Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
RM/
Appendix I - Maple Ridge Business Licencing and Regulation Amending Bylaw No. 7494-2018
APPENDIX I
City of Maple Ridge
Maple Ridge Business Licencing and Regulation Amending No. 7494-2018
A bylaw to amend Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011
WHEREAS the Council of The City of Maple Ridge deems it expedient to amend Maple Ridge Business
Licencing and Regulation Bylaw No. 6815-2011;
NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows:
1. This bylaw may be cited as Maple Ridge Business Licencing and Regulation Amending No.
7494-2018.
2. Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 is amended by adding
the following definitions to Part 5 Definitions in correct alphabetical order:
“Cannabis” means dried flowers, leaves, stems and seeds of the Cannabis sativa plant,
cultivated for the purpose of inhaling or ingesting.
“Cannabis Retail” means a retail use devoted to sales of non-medical cannabis products
in accordance with Federal and Provincial Regulations.
3. Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 is amended by adding
the following new subsection under Part 7 Specific Regulations and then renumbering all
subsequent sections and subsections in part 7 in proper numerical order:
7.7 Cannabis
7.7.1 No owner or operator of a Cannabis Retail Store shall permit any
person who is less than nineteen (19) years of age to be at the Premises
at any time.
4. Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 is amended by adding
the following category to section 41. RETAIL in Schedule A – Licence Fees:
k. Cannabis $5,000.00
5. Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 is amended by
updating the table of contents to reflect the current page numbers.
READ A FIRST TIME this ____ day of ______________, 2018.
READ A SECOND TIME this ____ day of ______________, 2018.
READ A THIRD TIME this ____ day of ______________, 2018.
ADOPTED this ____ day of ______________, 2018.
PRESIDING MEMBER CORPORATE OFFICER
1 of 4
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: 2-Oct-2018
and Members of Council FILE NO:
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: 2018 Community Grants
EXECUTIVE SUMMARY:
The Community Grants Policy was adopted in 2013, providing a framework in support of Council’s
Community Grants Program, with a focus on supporting organizations providing services in Maple
Ridge. Council reviewed and confirmed the policy direction in August of 2015.
The available funding envelope for 2018 is $44,800 and staff is recommending the grant allocations
totaling $26,000 as shown on the attached Schedule “A”. This allocation leaves $18,800 available
to address other requests.
RECOMMENDATION(S):
That the proposed allocation of Community Grants as shown on Schedule “A” of the staff report
dated 2-October-2018 titled 2018 Community Grants be approved.
DISCUSSION:
a)Background Context:
The Community Grants Program helps support organizations providing services to our
community. Many of these organizations are struggling to find sustainable funding. The funding
that we provide offers some assistance. It should be noted that some of these same
organizations also apply for, and receive, funding from other municipal programs.
In 2013, Council adopted a Community Grants policy, formalizing the eligibility and evaluation
criteria used when considering the allocation of the community grants budget. Council reviewed
and confirmed the policy direction in August of 2015.
It is not possible to provide the level of support that all groups request, so an effort is made to
ensure that the available budget is distributed where it will provide the greatest community
benefit. For 2018, the available budget for Community Grants is $44,800; the recommended
allocation is attached, based on the applications received to date.
Commentary on the specific allocations follows.
The Family Education and Support Centre (FESC) is a multi-service agency that has grown and
changed over the years in response to the community’s need for services. Their objective is to
provide social services to families in need of finding their own answers to challenges with regard
to their parenting, mental health, food security, settlement as newcomers and to their individual
1131
2 of 4
personal growth. They are a founding member of the Community Network and serve as host for
the Network coordination funds. In this capacity, the FESC received $30,000 in 2018 from the
city to assist in funding a community network coordinator. This funding is outside of the
community grants envelope. In addition to this, FESC is asking for support for two specific
initiatives:
1. The Community Kitchen program helps local citizens living below the poverty line learn
how to prepare affordable and nutritious meals while also providing a place of social
contact and information about community resources. The Community Kitchen applies for
funding from other sources, such as the United Way, but requires additional support to
operate with out service reductions; funding from the City allows the service to continue
without interruption. The Community Kitchen has received support from the City since
2010 and in 2017 received $5,000. A 2018 contribution of $5,000 is recommended.
2. The Multicultural Women’s Group provides a resource for women who have settled in
Maple Ridge from other countries, who are socially isolated, unaware of community
resources that might be of service to them and in need of support from their peers and
the social service community. A 24 week program targets women who are the most
isolated in the community and will benefit 6-10 immigrant women by providing them with
opportunities to practice speaking English and by providing relevant information about
social services available to them in Maple Ridge. The FESC has requested $5,000 to
support this program in 2018 and staff recommends supporting the request. Council
previously provided funding in support of this program in 2015 and 2016.
Alouette Addictions has submitted a request for funding in support of their Navigating Change:
Building Resiliency in Youth program. This program targets local grade 8 students, providing
them with the skills and tools to make appropriate choices around drug and alcohol use, to
increase the personal and social resiliency and to build the support networks necessary to
realize their potential. The program intends to reach 400 students in the 2018/19 school year.
Their request is for $25,000; staff is recommending a contribution of $5,000.
In 2004, Council adopted a bylaw banning the sale or use of fireworks in Maple Ridge and the
Maple Ridge Lions Club began coordinating an annual fireworks display funding with a
combination of sponsorship and an annual contribution of $3,000 from the Community Grants
program. More recently, the City has been playing more of a lead role in the Celebrate the Night
festival and fireworks celebration, and this year the event will include a celebration of Diwali
along with pumpkins. Staff recommends that an allocation of $3,000 from this year’s Community
Grants budget be made, in line with previous practice.
At the September 25 Council meeting, the City’s 2019 Permissive Tax Exemption Bylaw received
the first three readings. This bylaw must be adopted prior to October 31st each year in order for
BC Assessment to apply any approved exemptions. As noted in the report, an application for an
exemption was received from the One Way Club and the recommendation was to deny it as the
services provided, while extremely valuable, do not fall within the parameters of Council’s policy
framework for tax exemptions. The Community Grant policy notes that organizations denied a
permissive tax exemption are eligible to apply for a Community Grant. As the 2018 funding
envelope has not yet been allocated the recommendation is to provide for a grant of $8,000, an
amount that approximates their municipal property taxes.
3 of 4
b) Desired Outcome(s):
Organizations, such as those identified on Schedule “A”, are increasingly struggling to secure
long-term sustainable funding at the same time as the demand for the services they provide is
growing. Through the Community Grants program, Council is able to help such organizations
continue with the provision of services to the citizens of Maple Ridge.
c) Business Plan/Financial Implications:
The distribution of Community Grants proposed on the attached “Schedule A” allocates $18,000
to various community groups.
d) Alternatives:
Council could choose not to distribute any grants but as that decision may jeopardize the ability
of various organizations to continue providing necessary services that is not recommended.
CONCLUSIONS:
The provision of grants to local organizations benefits the citizens of Maple Ridge. The distribution
proposed on Schedule “A” attempts to allocate the limited resources to provide benefit to the
community.
‘”Original signed by Catherine Nolan”
_______________________________________________
Prepared by: Catherine Nolan, CPA, CGA
Corporate Controller
“Original signed by Kelly Swift”
______________________________________________
Approved by: Kelly Swift
General Manager, Parks Recreation & Culture
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, BBA, CPA, CGA
Chief Administrative Officer
4 of 4 Schedule "A"Requested Amount for 2018Recommendation for 2018Total Budget Available as per the 2018 Financial Plan44,800$ Family Education and Support Centre (Community Kitchens)5,000 5,000 To assist the organization with their Community Kitchens program Family Education and Support Centre (Multicultural Women's Group)5,000 5,000 To suppport women that have settled in Maple Ridge from other countries who are socially isolated an dunaware of community resources that might be of service to them. Halloween Fireworks Display3,000 3,000 Annual Halloween Fireworks Display Alouette Additions25,000 5,000 To assist with the Navigating Change: Building Resiliency in Youth program providing grade 8 students with the kills and tools to make appropriate choices around drug and alcohol use. One Way Club11,500 8,000 To provide for facility upgrades Totals49,500$ 26,000$ Unallocated Community Grants- 18,800$ Grants - Requests for 2018How the Grant will be used
CityCityCityCity of Maple Ridgeof Maple Ridgeof Maple Ridgeof Maple Ridge
TO:TO:TO:TO: Her Worship Mayor Nicole Read MEETINGMEETINGMEETINGMEETING DATE:DATE:DATE:DATE: October 2, 2018
and Members of Council
FROM:FROM:FROM:FROM: Chief Administrative Officer MEETING:MEETING:MEETING:MEETING: Council
SUBJECTSUBJECTSUBJECTSUBJECT: Revitalization Tax Exemption Agreements - Employment Lands Investment
Incentive Program
EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:
Council approved a four-year incentive program to help stimulate job creation. Each year, newly-
eligible projects require agreements to receive property tax exemptions. This report recommends
those agreements be authorized for qualifying development projects.
RECOMMENDATIONRECOMMENDATIONRECOMMENDATIONRECOMMENDATION::::
That the Corporate Officer be authorized to execute agreements with qualified property owners as
defined in the Maple Ridge Revitalization Tax Exemption Bylaw No. 7112-2014.
DISCUSSION: DISCUSSION: DISCUSSION: DISCUSSION:
a) Background Context:Background Context:Background Context:Background Context:
The Employment Lands Investment Incentive Program (ELIIP) was implemented in 2015, shortly
after the Commercial and Industrial Strategy was endorsed. The ELIIP targets development on
specified lands designated for industrial use to encourage the addition of high-value jobs in the
community.
An important element of the incentive program is the Revitalization Tax Exemption (RTE)
component, offering municipal property tax exemptions for the increase in property assessment
value as a result of eligible projects.
Currently, eight projects are eligible to apply for exemptions. Due to legislated timing we do not
know in advance of executing the agreements which projects will generate a value that can be
exempted. Therefore, it is requested that Council authorize agreements with all the property
owners, knowing that some may not be executed. The option of timing rests with the property
owners, and projects must meet all other requirements of the bylaw.
Schedule A provides a summary of “fast facts” about the results of the program to date.
Schedule B lists all of the eligible projects, along with the property owners. Schedule C illustrates
the agreement template.
b)b)b)b) Desired OutcomeDesired OutcomeDesired OutcomeDesired Outcome::::
That municipal property tax exemptions are provided for projects meeting the requirements of
the ELIIP as adopted by Council.
Page 1 of 2
1132
c)c)c)c) StraStraStraStrategic Alignmenttegic Alignmenttegic Alignmenttegic Alignment::::
The intended outcome of the incentive program is to encourage the addition of high-value jobs in
the community. The ELIIP supports Council’s Commercial and Industrial Strategy.
d)d)d)d) Financial Implications:Financial Implications:Financial Implications:Financial Implications:
The five-year financial plan includes revenue projections due to growth in the tax base. Tax
exemptions will require the City to forgo revenue for a period of time, with the intent that future
revenues, as a result of stimulated growth and density, will provide a net financial benefit.
Should all eligible properties included in “Schedule A” experience non-market change equivalent
to the estimated construction value, exempted tax revenues would be approximately $86,000 in
2019 and $234,000 over the full five year exemption period.
CONCLUSIONS:CONCLUSIONS:CONCLUSIONS:CONCLUSIONS:
A component of the Employment Lands Investment Incentive Programs is the Revitalization Tax
Exemption. Council has adopted bylaws to establish the programs including eligibility requirements.
The Community Charter requires the City to enter into formal agreements with property owners in
order to enable the exemptions. This report is to authorize the execution of those agreements for
development projects that qualify for exemptions.
“original signed by Trevor Hansvall”
_______________________________________________
Prepared by: Trevor Hansvall
Accounting Clerk II, BBA
“original signed by Catherine Nolan”
_______________________________________________
Reviewed by: Catherine Nolan, CPA, CGA
Corporate Controller
“original signed by Laura Benson”
_______________________________________________
Approved by: Laura Benson, CPA, CMA
Director of Corporate Administration
“original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, BBA, CPA, CGA
Chief Administrative Officer
Schedule A: Employment Lands Investment Incentive Program – Fast Facts
Schedule B: List of potential Revitalization Tax Exemption Agreement Signatories
Schedule C: Revitalization Tax Exemption Agreement (ELIIP Program)
Page 2 of 2
Schedule A: Employment Lands Investment Incentive Program – Fast Facts
Program name Employment Land Investment
Incentive Program
Program acronym ELIIP
Time period 2015-2018
Scope New construction and renovations
on industrial lands, except for uses
that were identified as providing
low-value and/or low-density
employment.
Program status Open
Number of projects
supported
21 projects to date
Estimated construction
value of projects
supported
$23.6 million to date
Projects receiving
revitalization tax
exemptions to date
6 projects
Page 1 of 1
Schedule B: List of potential Revitalization Tax Exemption Agreement signatories
ELIIP ProgramELIIP ProgramELIIP ProgramELIIP Program
574668 BC Ltd
18870 80 Avenue
Surrey, British Columbia,
V4N 4J1
Lands: 12865 Katonien Street
Legal Description: Parcel A; Plan BCP42202; Section 25; Township 12;
Land District 1; Land District 36
PID #: 029-476-381
Folio Number: 73617-0061-0
Building Permit # 16-112807
Project: New Construction
Term of Tax
Exemption:
Five years – declining balance
574668 BC Ltd
18870 80 Avenue
Surrey, British Columbia,
V4N 4J1
Lands: 12895 Katonien Street
Legal Description: Parcel A; Plan BCP42202; Section 25; Township 12;
Land District 1; Land District 36
PID #: 029-476-381
Folio Number: 73617-0061-0
Building Permit # 16-112814
Project: New Construction
Term of Tax
Exemption:
Five years – declining balance
574668 BC Ltd
18870 80 Avenue
Surrey, British Columbia,
V4N 4J1
Lands: 12920 261A Street
Legal Description: Lot 3; Plan BCP44861; Section 25; Township 12; Land
District 1; Land District 36
PID #: 028-248-708
Folio Number: 73618-0003-0
Building Permit # 16-116919
Project: New Construction
Term of Tax
Exemption:
Five years – declining balance
Tomax Enterprises Ltd.
19739 McNeil road
Pitt Meadows, British
Columbia V3Y 1Z1
Lands: 13090 Lilley Drive
Legal Description: Lot 33; Plan BCP42202; Section 25; Township 12;
Land District 36
PID #: 028-047-907
Folio Number: 73617-0033-0
Building Permit # 17-108753
Project New Construction
Term of Tax
Exemption
Five years – declining balance
Tomax Enterprises Ltd.
19739 McNeil road
Pitt Meadows, British
Columbia V3Y 1Z1
Lands: 13102 Lilley Drive
Legal Description: Lot 33; Section 25; Township 12; New Westminster
District; Plan BCP42202
PID #: 028-047-907
Folio Number: 73617-0033-0
Building Permit #: 17-108760
Project New Construction
Term of Tax
Exemption:
Five years – declining balance
Page 1 of 2
Schedule B: List of potential Revitalization Tax Exemption Agreement signatories
1042902 BC Ltd.
22311 119th Avenue
Maple Ridge, BC V2X 2Z2
Lands: 13035 Lilley Drive
Legal Description: Lot 47; Section 25; Township 12; New Westminster
District; Plan BCP42202
PID #: 028-048-041
Folio Number: 73617-0047-0
Building Permit #: 17-120153
Project New Construction
Term of Tax
Exemption:
Five years – declining balance
Burnaby Saw Service Ltd.
7020 Ridge Drive
Burnaby, BC V5A 1A9
Lands: 13130 Lilley Drive
Legal Description: Lot 31; Section 25; Township 12; New Westminster
District; Land District 1; Land District 36; Plan
BCP42202
PID #: 028-047-885
Folio Number: 73617-0031-0
Building Permit #: 17-121540
Project New Construction
Term of Tax
Exemption:
Five years – declining balance
A & V ELECTRIC LTD
1852 CLIFF AVE
BURNABY BC V5A 2K6
Lands: 201 – 11517 Kingston St
Legal Description: Lot 10; District Lot 280; New Westminster District;;
Plan LMS2206; Group 1
PID #: 023-264-462
Folio Number: 21342-0120-0
Building Permit #: 18-110737
Project Renovations - Add second Storey
Term of Tax
Exemption:
Five years – declining balance
Page 2 of 2
Schedule C: Revitalization Tax Exemption Agreement (ELIIP Program)
City of Maple Ridge
11995 Haney Place, Maple Ridge, BC V2X 6A9
Tel: 604-463-5221 Fax: 604-467-7329
enquiries@mapleridge.ca www.mapleridge.ca
Revitalization Tax Exemption AgreementRevitalization Tax Exemption AgreementRevitalization Tax Exemption AgreementRevitalization Tax Exemption Agreement
Employment LandEmployment LandEmployment LandEmployment Land Investment Incentive ProgramInvestment Incentive ProgramInvestment Incentive ProgramInvestment Incentive Program
THIS AGREEMENT dated for reference _________________________________.
BETWEEN:
CITYCITYCITYCITY OF MAPLE RIDGEOF MAPLE RIDGEOF MAPLE RIDGEOF MAPLE RIDGE, a municipal corporation under the laws of
British Columbia and having its offices at 11995 Haney Place,
Maple Ridge, British Columbia V2X 6A9
(“City”)
AND:
OWNER NAME/ADDRESSOWNER NAME/ADDRESSOWNER NAME/ADDRESSOWNER NAME/ADDRESS
(“Owner”)(“Owner”)(“Owner”)(“Owner”)
A.Under the Maple Ridge Revitalization Tax Exemption Bylaw No. 7112-2014 (the “Bylaw”),
the City of Maple Ridge established a revitalization tax exemption program for the purpose
of encouraging accelerated private sector investment on the Employment Land Investment
Incentive Areas identified in the Bylaw.
B. The Lands subject to this Agreement are located within the Employment Land Investment
Incentive Areas.
C. The Owner proposes to construct an improvement(s) or to carry out an alteration(s) to an
existing improvement(s) on the Lands.
D. This Agreement contains terms and conditions governing the provision of a general
municipal property tax exemption under the Bylaw.
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and the
payment by the Owner to the City of $1.00, the receipt and sufficiency of which are acknowledged
by the City, the parties agree as follows:
1. DefinitionsDefinitionsDefinitionsDefinitions
1.1. In this Agreement the following words have the following meanings:
“Lands” means those lands and premises located at:
Legally described as:
Parcel Identifier (PID):
Page 1 of 5
Folio Number:
“Project” means the project identified on Building Permit No:
“Municipal Property Tax” means the property taxes Council has imposed pursuant to
Schedule A of the Maple Ridge Tax Rates Bylaw, and does not include any other property
taxes.
2. OOOOwwwwner’sner’sner’sner’s OOOObligationsbligationsbligationsbligations
2.1. In consideration of the City granting the Owner a revitalization tax exemption in
accordance with the Bylaw, the Owner agrees to construct the following new improvement(s)
or to carry out the following alteration(s) to an existing improvement(s) on the Lands:
Brief description and reference building permit numberBrief description and reference building permit numberBrief description and reference building permit numberBrief description and reference building permit number
2.2. The Owner will ensure that the Project is constructed, maintained, operated and used in a
fashion that will be consistent with and will foster the objectives of the revitalization tax
exemption program, as outlined in the Bylaw.
2.3. The Owner agrees to construct a Project of an industrial use as permitted in the Maple Ridge
Zoning Bylaw, except for the ineligible uses outlined on Schedule A of the Bylaw.
2.4. Throughout the term of this Agreement, the Owner shall operate, repair and maintain the
Project and will keep the Project in a state of good repair.
2.5. The Owner must substantially complete the construction of, or alterations to, the
improvement(s) referred to in section 2.1 of this Agreement by:
2.6. The Owner agrees that a revitalization tax exemption granted by the City under the Bylaw is
subject to the Owner’s compliance with and fulfilment of all the terms and conditions arising
out of the Building Permits issued.
2.7. The Owner shall construct the Project and, at all times during the term of the tax exemption,
operate, use and occupy the Lands and the Project in compliance with all statutes, laws,
regulations and orders of any authority having jurisdiction and, without limiting the
generality of the foregoing, all federal, provincial, or municipal laws or statutes or bylaws,
including all the rules, regulations, policies, guidelines, criteria, or the like made under or
pursuant to any such laws.
2.8. The Owner must bear all the expenses of performing the obligations and covenants of
contained within this Agreement.
2.9. All covenants made by the Owner herein shall be for the benefit of the City.
2.10. The Owner represents and warrants to the City that:
a. All necessary corporate actions and proceedings have been taken by the Owner to
Page 2 of 5
authorize its entry into and performance of this Agreement;
b. Upon execution and delivery on behalf of the Owner, this Agreement constitutes a
valid and binding contractual obligation of the Owner;
c. Neither the execution and delivery, nor the performance of this Agreement shall
breach any other Agreement or obligation or cause the Owner to be in default of any
other Agreement or obligation respecting the Lands; and,
d. The Owner has the corporate capacity and authority to enter into and perform this
Agreement.
3. CityCityCityCity’s’s’s’s Rights, PoRights, PoRights, PoRights, Powwwweeeers and Obligationsrs and Obligationsrs and Obligationsrs and Obligations
3.1. Nothing contained or implied in this Agreement prejudices or affects the City’s rights and
powers in the exercise of its functions or its rights and powers under any public and private
statutes, bylaws, orders or regulations to the extent the same are applicable to the Lands,
all of which may be fully and effectively exercised in relation to the Lands as if this
Agreement had not been executed and delivered by the Owner.
3.2. Where the terms and conditions of this Agreement and the Bylaw have been met, the City
shall issue a Revitalization Tax Exemption Program Certificate to the Owner in accordance
with the provisions of the Bylaw.
3.3. The City reserves the right to terminate this Agreement and revoke the Revitalization Tax
Exemption Program Certificate if the Owner fails to comply with any of the terms, conditions
or requirements of this Agreement or the Bylaw, and the Owner fails to remedy any such
breach or non-compliance within the time specified by the City in its notice to the Owner.
3.4. For a Revitalization Tax Exemption Program Certificate that is revoked, the City may
recapture:
a. The value of the Tax Exemption provided on the Lands for the current and any
previous taxation years to which the Revitalization Tax Exemption Program Certificate
applies; and,
b. The value of any amounts provided through a Partnering Agreement entered into by
the Owner and the City.
3.5. If the Owner fails to remit the recapture amount noted in Section 3.4 of this Agreement
within thirty (30) days, the amount may be placed on the general property tax bill for the
Lands.
3.6. The City will act in its sole discretion to make or give any decision, direction, determination,
or consent.
4. GeneralGeneralGeneralGeneral ProvisionsProvisionsProvisionsProvisions
4.1. The Owner and the City represent that the City has made no representations, covenants,
warranties, guarantees, promises, or any agreements, express or implied, with the Owner
other than those expressly contained in this Agreement.
4.2. This Agreement may only be modified by written agreement of the City and the Owner.
4.3. This Agreement shall inure to the benefit of, and is binding on the parties and their
Page 3 of 5
respective heirs, executors, administrators, successors and assigns.
4.4. Time is of the essence in this Agreement.
4.5. This Agreement constitutes the entire Agreement between the Owner and the City with
regard to the subject matter herein, and supersedes all prior agreements, understandings,
negotiations, and discussions, whether oral or written, of the City with the Owner.
4.6. No amendment or waiver of any portion of this Agreement shall be valid unless in writing
and executed by the parties to this Agreement.
4.7. Waiver of any default by a party shall not be deemed to be a waiver of any subsequent
default by that party.
4.8. This Agreement shall be construed according to the laws of the Province of British Columbia.
5. ReReReRevvvvititititaaaalizlizlizlizaaaationtiontiontion TTTTaaaaxxxx EEEExexexexemptiomptiomptiomptionnnn
5.1. Subject to fulfilment of the conditions set out in this Agreement and the Bylaw, the City shall
issue a Revitalization Tax Exemption Program Certificate to BC Assessment entitling the
Owner to a property tax exemption in relation to the Project as specified in Part 6 of this
Agreement.
6. CalculationCalculationCalculationCalculation ofofofof ReReReRevvvvititititaaaalizlizlizlizaaaationtiontiontion TTTTaaaaxxxx EEEExemptionxemptionxemptionxemption
6.1. The Tax Exemption is equivalent to 100% of the Municipal Property Tax payable on the
amount of Non-Market Change attributed to the Commercial Portion of the Project, as
specified in Part 8 of the Bylaw, and where all the conditions as stated in Part 7 of the Bylaw
have been met for a total of five years.
7. TermTermTermTerm ofofofof TTTTaaaaxxxx EEEExemptionxemptionxemptionxemption
7.1. Provided the requirements of this Agreement and the Bylaw are met, the tax exemption shall
be for the taxation years:
to inclusive.
8. NoNoNoNo RefundRefundRefundRefund
8.1. For greater certainty, under no circumstances will the Owner be entitled under the City’s
revitalization tax exemption program to any cash credit, any carry forward tax exemption credit
or any refund for any property taxes paid.
9. NoticesNoticesNoticesNotices
9.1. Any notice or other communication required or contemplated to be given or made by any
provision of this Agreement shall be given or made in writing and either delivered personally
(and if so, shall be deemed to be received when delivered), or mailed by prepaid
registered mail in any Canada Post Office (and if so, shall be deemed to be delivered on
the sixth business day following such mailing, except that, in the event of interruption of mail
service, notice shall be deemed to be delivered only when actually received by the party to
whom it is addressed), so long as the notice is addressed to the party at the address
shown on Page 1 of this Agreement.
10.SeveranceSeveranceSeveranceSeverance
Page 4 of 5
10.1. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the invalid
portion shall be severed and the decision that it is invalid shall not affect the validity of the
remainder of this Agreement.
11. FurtherFurtherFurtherFurther AssurancesAssurancesAssurancesAssurances
11.1. The parties shall execute and do all such further deeds, acts, things and assurances that
may be reasonably required to carry out the intent of this Agreement.
As evidence of their agreement to be bound by the terms of this Revitalization Tax Exemption
Agreement, the parties have executed this Revitalization Tax Exemption Agreement as follows:
Corporate Officer
City of Maple Ridge
Executed by the (Insert name) by its authorized signatories:
Name
Page 5 of 5
Doc # 1968742 Page 1 of 3
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 2, 2018
and Members of Council DOC NO: 1968742
FROM: Chief Administrative Officer MEETING: Council
SUBJECT : Follow up to the Maple Ridge-Pitt Meadows Home Show Society Request for
Improvements at the Albion Fairgrounds
EXECUTIVE SUMMARY:
At the July 24, 2018 Council meeting, Council supported a request from the Maple Ridge-Pitt
Meadows Home Show Society for municipally-funded improvements to the large grass main stage
viewing area at the Albion Fairgrounds and accepted the offer by the Home Show Board of Directors
to contribute ten percent of the surface installation costs to a maximum of $10,000.
This report outlines a scope of work and a funding source for the detailed design and installation of
the proposed improvements to the large grass area for a load bearing surface along with additional
components that have been suggested by event organizers since this direction was given to staff.
These additional components include potable water hose-bibs, waste water disposal and additional
power kiosks that would provide a benefit for event food truck vendors. Preliminary costs presented
at the July 24, 2018 meeting ranged from $85,000 to $120,000 and when the other beneficial
components are included, costs are more likely to be in the order of $250,000. Detailed
construction costs will be provided as part of the design work. Staff believe that it was Council’s
intent to have the improvements complete in advance of the Home Show Society’s event in May
2019 therefore time is of the essence .
RECOMMENDATION:
That staff proceed with civil design work, including surface improvements, grading, drainage,
electrical, potable water connections and waste water disposal components at the Albion
Fairground s ; and
That the Financial Plan Bylaw be amended to include $250,000 from Accumulated Surplus for the
design and installation work.
DISCUSSION:
a)Background Context
The Albion Fairgrounds improvements approved by Council at the July 24, 2018 meeting
included the renovation of the large grass area in front of the main stage to a load bearing
surface, relocation of drain lines, and the installation of hose bibs to provide for re-
establishment of the grass. Preliminary costs for this work ranged from $85,000 to
$120,000 depending on the size of the area to be improved. These enhancements would
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Doc # 1968742 Page 2 of 3
support the Home Show’s Food Truck Festival when wet weather makes ground conditions
unfavourable. Organizers from other major events at this site have identified additional
components, not included in the initial request, which would better support events with food
truck vendors including potable water hose -bib connections, on-site waste water disposal
and additional power kiosk s. The cost estimate provided in the July 24, 2018 report did not
include these components.
Staff proposes to engage a design team to provide a coordinated, detailed design that
includes the additional components along with the previously supported improvements.
Consultation with event stakeholders would be included as part of the detailed design work
along with an assessment of the costs associated with the work. If approved by Council,
design and construction could potentially be completed by the spring of 2019 and in place
for next year’s Home Show.
b) Desired Outcome :
The desired outcome is to enhance the Albion Fairgrounds in alignment with long term
planning considerations for the benefit of the Agricultural Fair and other major events that
are hosted at this site, while retaining the park-like setting which makes it an attractive
venue for a wide variety of events .
c) Citize n/Customer Implications:
The Albion Fairgrounds host s a number of community and special events throughout the
year; therefore, community consultation is important to ensure that the proposed changes
offer a benefit to the widest range of events hosted at this site.
d) Interdepartmental Implications:
The Albion Flats Area Plan process was endorsed b y Council in October 2015. The p rocess
focuses on a number of land uses including recreation, commercial, and business park
options. Understanding the long term land use vision resulting from this process will enable
Council to make an informed decision on desirable Fairgrounds improvements.
e) Business Plan/Financial Implications:
The initial estimated project cost ranges from $85,000 to $120,000 to address the original
request and when other recommended beneficial site servicing components are included ,
costs may be in the order of $2 50,000. Costing including the food truck servicing
components would be provided through the detailed design process. Staff suggests that the
design and construction work could be funded from Accumulated S urplus.
The Home Show Board of Directors has offered to contribute ten percent of the surface
installation costs to a maximum of $10,000.
f) Alternatives:
The Albion Flats Area Plan process, which encompasses the Albion Fairgrounds within the
study area boundarie s, is a priority project and the broad process outline has received
Council endorsement. As the outcome of the Albion Flats Land Use Planning process may
have an impact on areas where Albion Fairgrounds capital improvements are being
considered, Council could consider this expanded request after this planning process has
concluded.
Doc # 1968742 Page 3 of 3
CONCLUSIONS:
The Home Show Society has made several improvements at the Albion F airgrounds over the last few
years that have enhanced the site for the benefit of a variety of events. Events held here would
further benefit from municipally-funded improvements that support food truck services at this
community park . To provide best value to citizens, Fairgrounds improvements should include
feedback from other community event organizers.
“Original signed by Valoree Richmond”
Prepared by: Valoree Richmond, MBCSLA
Manager of Parks Planning & Development
“Original signed by David Boag”
Reviewed by: David Boag
Director of Parks & Facilities
“Original signed by Trevor Thompson”
Reviewed by: Trevor Thompson, CPA, CGA
Chief Financial Officer
“Original signed by Kelly Swift”
“Original signed by Kelly Swift ”
Approved by: Kelly Swift, MBA
General Manager Parks, Recreation & Culture
“Original signed by Paul Gill”
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer