SPECIAL MEETING OF

TOWNSHIP COUNCIL
Monday, August 31, 2009 at 3:00 p.m.
Fraser River Presentation Theatre
th
4 Floor, 20338 – 65 Avenue, Langley, BC

AGENDA

Page
A. ADOPTION OF MINUTES

1-14 1. Special Council Meeting – July 20, 2009

Recommendation that Council adopt the Minutes of the Special Council

meeting held July 20, 2009.

B. APPROVAL OF DELEGATION REQUESTS TO APPEAR AT THE

4:00 P.M. SPECIAL MEETING

15 1. June Clark
Langley Lions Club
File 0550-07

Request by June Clark, to appear before Council to discuss the Langley

Lions Club’s interest in assuming the lease to operate the West Langley Hall
on behalf of the Township.

B. APPROVAL OF DELEGATION REQUESTS TO APPEAR AT THE

7:00 P.M. REGULAR MEETING

17 2. Bruce Taylor
File 0550-07

Request by Bruce Taylor, to appear before Council to discuss changes to

the Aldergrove Athletic Park.

19-20 3. Heath MacKenzie and Russ Simpson

File 0550-07

Request by Heath MacKenzie and Russ Simpson, to appear before Council

to discuss further development of the Aldergrove Athletic Park.
 August 31, 2009
Special Council Meeting Agenda -2-

Page
B. APPROVAL OF DELEGATION REQUESTS TO APPEAR AT THE
7:00 P.M. SPECIAL MEETING

21 4. Art Bandenieks
File 0550-07

Request by Art Bandenieks, to appear before Council to discuss the South

Aldergrove Athletic Park Development.

23-37 5. Brad Ricketts

File 0550-07

Request by Brad Ricketts, to appear before Council to discuss the Radio

Control Flying Club of British Columbia’s search for a new home.

39 6. John and Marilyn Thomson

File 0550-07

Request by John and Marilyn Thomson, to appear before Council to discuss

traffic control on Willoughby Way.

41 7. Aaron Fedora
File 0550 -07

Request by Aaron Fedora, to appear before Council to discuss the rezoning

application on 920 and 272 Street in South Aldergrove.

43 8. Rodney Blackwell
File 0550-07

Request by Rodney Blackwell, to appear before Council to discuss the

Fort Langley Waterfront Development.

45 9. Helen Smith
File 0550-07

Request by Helen Smith, to appear before Council to discuss the Bedford

Landing Development.

47-53 10. Grant Rawstron

Fort Langley Canoe Club
File 0550-07

Request by Grant Rawstron, Fort Langley Canoe Club, to appear before

Council to discuss the Fort Langley Waterfront Development.
 August 31, 2009
Special Council Meeting Agenda -3-

Page

MOTION TO RESOLVE INTO SPECIAL CLOSED MEETING

Recommendation that Council now resolve into a Special Closed Meeting

according to Section 90 of the Community Charter for discussion of the following
items identified under Section 90:

Item D.1 - Section 90(1) (a) Personal; (e) Property; (f) Law Enforcement;
(k) Negotiations;
Item D.2 - Section 90(1) (e) Property; (k) Negotiations;
Item D.3 - Section 90(1) (e) Property; (k) Negotiations;
Item D.4 - Section 90(1) (e) Property; (k) Negotiations;
Item E.1 - Section 90(1) (e) Property;
Item E.2 - Section 90(1) (b) Personal; (e) Property; (f) Law Enforcement;
(k) Negotiations

C. PRESENTATIONS

1. 232 Street and 56 Avenue Roundabout

Presentation by staff, regarding 232 Street and 56 Avenue roundabout.

D. REPORTS TO COUNCIL

55-66 1. Langley Regional Airport - Lot 48

Lease Assignment and Assumption Agreement with
Aries Construction Management Limited
Report 09-115
File CORPADM 8400-01

Recommendation that Council give approval to enter into a Modification of

Assignment and Assumption Agreement for Lot 48 at Langley Regional
Airport with Aries Construction Management Limited effective September 1,
2009 for a term of thirty (30) years, with a five (5) year Option to Renew;
and further

That Council give approval to Aries Construction Management Limited to

construct a facility to environment, building, and fire code requirements for
aviation commercial business.
 August 31, 2009
Special Council Meeting Agenda -4-

Page
D. REPORTS TO COUNCIL

E. CORRESPONDENCE

67-69 1. Kids Help Phone – Donation Request

File 1850-01
Page

Response letter received from Bruce Jagger, Manager, Philanthropic Gifts,

Kids Help Phone providing additional information regarding the services
provided to Langley youth.

Clerk’s Note: Referred from the July 20, 2009 Special Council Minutes, Item E.1.

71-72 2. Urban Development Institute (UDI) – Presentation Request

File 0230-40

Letter received from Jeff Fisher, Deputy Executive Director, UDI, requesting
to appear before Council to provide an overview of the development
industry and the benefits it can bring to local communities.

Clerk’s Note: Request Council approve a presentation request from UDI.

F. MINUTES OF COMMITTEES

73-76 1. CP Community Advisory Panel – July 23, 2009

File 0540-20

Recommendation that Council receive the Minutes from the CP Community

Advisory Panel meeting held July 23, 2009.

G. ASSOCIATIONS AND OTHER GOVERNMENT AGENCIES

77-78 1. Increase in Accessible Bus Stops in Langley Township

File 0400-60

Letter from Adrianne Boothroyd, Manager, Lower Mainland Chapter,

Multiple Sclerosis Society of Canada regarding accessible bus stops in the
Township.

Clerk’s Note: Request Council’s support in developing a plan that will convert
Township bus stops into accessible stops.
 August 31, 2009
Special Council Meeting Agenda -5-

Page
H. INFORMATION ITEMS FROM SPECIAL CLOSED MEETINGS

I. ITEMS FOR INFORMATION

J. ITEMS FROM PRIOR MEETINGS

K. STAFF ITEMS FOR DISCUSSION WITH COUNCIL

L. ITEMS FOR DISCUSSION BY COUNCIL MEMBERS

M. OTHER BUSINESS

1. Langley Seniors Resource Centre

Langley Seniors Resource Centre funding issues.

N. TERMINATE
 A.1
- 297 -

SPECIAL MEETING OF
TOWNSHIP COUNCIL
Monday, July 20, 2009 at 3:00 p.m.
Fraser River Presentation Theatre
4th Floor, 20338 – 65 Avenue, Langley, BC

MINUTES

Present: Mayor Green

Councillors J. Bateman, B. Dornan, C. Fox, M. Kositsky, B. Long, K. Richter and

G. Ward

M. Bakken, P. Catlin, P. Cordeiro, D. Leavers, L. Rebelato, R. Seifi, D. Sparks and

J. Winslade

S. Palmer

A. ADOPTION OF MINUTES

1. Special Council Meeting – July 6, 2009

Moved by Councillor Long,

Seconded by Councillor Fox,
That Council adopt the Minutes of the Special Council Meeting held July 6, 2009.
CARRIED

B. APPROVAL OF DELEGATION REQUESTS

Moved by Councillor Long,

Seconded by Councillor Dornan,
That Council approve the following requests to appear before Council:

4:00 P.M. SPECIAL MEETING

1. Dan Paris
File 0550-07

Request by Dan Paris, to appear before Council to discuss the Jericho sub-
Neighbourhood Plan.

2. Gary Pooni, Brook and Associates

File 0550-07

Request by Gary Pooni, Brook and Associates, to appear before Council to discuss
the Jericho Sub-Neighbourhood Plan.

Page 1 of 78
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July 20, 2009
Special Council Meeting Minutes - 298 –

B. APPROVAL OF DELEGATION REQUESTS

3. Alan Hendricks
File 0550-07

Request by Alan Hendricks, to appear before Council to discuss the Provincial

Agricultural Land Commission Application No. 100178.

4. Dave Melnychuk
File 0550-07

Request by Dave Melnychuk, to appear before Council to discuss the Provincial

Agricultural Land Commission Application No. 100178.

7:00 P.M. REGULAR MEETING

1. Michael Jackstien, Jamey Paterson and Gordon Zacher

File 0550-07

Request by Michael Jackstien, Jamey Paterson and Gordon Zacher, to appear

before Council to discuss the Township of Langley 2010 BC Summer Games one
year kick-off.

2. Darrin Kuypers
File 0550-07

Request by Darrin Kuypers, to appear before Council to discuss developers'

infractions of bylaws.
CARRIED

MOTION TO RESOLVE INTO SPECIAL CLOSED MEETING

Moved by Councillor Ward,

Seconded by Councillor Dornan,
That Council now resolve into a Special Closed Meeting according to Section 90 of
the Community Charter for discussion of the following items identified under Section
90:

Item C.1. – Section 90(1) (f) Law Enforcement;

Item E.1. – Section 90(1) (b) Personal; (e) Property; (k) Negotiations
CARRIED

MEETING RECESSED

The meeting recessed at 3:01 p.m.

MEETING RECONVENED

The meeting reconvened at 4:05 p.m.

Page 2 of 78
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July 20, 2009
Special Council Meeting Minutes - 299 –

DELEGATIONS
B.
The agenda order was varied.

2. Gary Pooni, Brook and Associates

File 0550-07

Gary Pooni, Brook and Associates, appeared before Council to discuss the Sub-
Neighbourhood Plan. He noted that the Plan was previously endorsed by Council
and commented that there were three items to be addressed: update on public open
house with the residents west of 199 Street, phasing of commercial and residential
development, and size of commercial development. He noted that the proposed
plan was well received by 199 Street residents, that these residents desire inclusion
within the Plan boundary, and have a general understanding for cost sharing.

He noted that it is vital to the success of future development that the commercial
node be in place in advance of the seniors’ residential development and he
requested 40,000sf of the total +/-150,000sf be allowed to proceed before the
residential phase, with an anchor tenant. He continued that the scale and type of
commercial development would be local, a pedestrian-friendly design, and would
provide economic and social benefits.

Councillor Long entered the meeting at 4:11 p.m.

1. Dan Paris and Peter Hume

File 0550-07

Dan Paris, VanCity Enterprises, appeared before Council to discuss the Jericho sub-
Neighbourhood Plan. He commented that he was speaking on behalf of area
residents and noted that they had an interest in seeing the successful development
of seniors’ residential. He continued that the proposed development of a shopping
centre is not premature in that there is sufficient demand for capital investment. He
noted that there are currently over 17,000 people in the Willoughby area driving to
other areas for daily needs. He added that the centre would not be a stand alone
project and would be integrated into the overall development, based on increased
pedestrian access. He noted that a 40,000sf conventional sized neighbourhood
centre is intended to provide exactly the level of service required at the corner of 80
Avenue and 200 Street. He requested Council allow commercial development to
proceed in advance of residential development, and that residential tenant space be
increased to a maximum of 15,000sf.

Peter Hume, Hume Consulting Corporation, was in attendance and spoke to the
need for sustainable commercial development as part of the comprehensive plan,
utilizing a integrated merchandising mix and design as population grows. He
continued that the development would be pedestrian friendly and would become
increasingly more so as further commercial is built to serve local Willoughby
residents, Langley Business Park, Carvolth Business Park and the Langley Events
Centre areas, as well as providing jobs and increased services. He indicated that
the developer and current market would support commercial development now. He
commented that residential development would be built sooner with the proposed
commercial development than otherwise, based on current market trends.

The original agenda order then resumed.

Page 3 of 78
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July 20, 2009
Special Council Meeting Minutes - 300 –

DELEGATIONS
B.

3. Alan Hendricks
File 0550-07

Alan Hendricks appeared before Council to discuss the Provincial Agricultural Land
Commission Application No. 100178. He commented that the property located at
216 Street and 44 Avenue features two houses with two owners and only one title,
meaning that the houses cannot be sold independently of each other, creating an
awkward situation. He continued that the Agricultural Land Act states that anything
less than 2 acres is not subject to the Agricultural Land Reserve Act, provided the
property has not been subdivided or substantially changed. He advised that the
subject lot is 1.6 acres in size and not in the ALR. He continued that 44 Avenue is a
half road presenting safety issues, and noted that the property had not been farmed
for the past 11 years. He added that area residents indicated they would be
satisfied with the subdivision of the property into half acre lots and he then discussed
a proposal for the establishment of an Agricultural Enhancement Trust Fund.

4. Dave Melnychuk
File 0550-07

Dave Melnychuk appeared before Council to discuss the Provincial Agricultural Land
Commission Application No. 100178. He confirmed the previous speaker’s
comment that the land is marginal for agricultural use. He suggested incorporating
several tools for edge planning with the main pillar being a buffer zone and use of
covenants for residents to acknowledge the presence of farming in the area and
appropriate signage. He continued that Council should consider establishing a
Langley Agriculture Enhancement Trust Fund similar to the Vancouver Foundation
to deal with such issues as water concerns, young people in agriculture, capping
wells, and more efficient irrigation systems. He noted this is a good opportunity to
test edge planning processes and providing opportunities for people to meet to
discuss concerns and develop solutions.

Councillor Bateman left the meeting at 5:18 p.m. and rejoined the meeting at
5:20 p.m.

C. PRESENTATIONS

Page 4 of 78
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Special Council Meeting Minutes - 301 –

D. REPORTS TO COUNCIL

The following item was brought forward from the June 1, 2009 Special Council
meeting:

1. Provincial Agricultural Land Commission Application No. 100178

(Alan & Elizabeth Hendricks et al)
Report 09-80
File CD 10-31-0151

Moved by Councillor Long,

Seconded by Councillor Ward,
That Council advise the Provincial Agricultural Land Commission that the Hendricks
et al Agricultural Land Reserve exclusion application for property located at 21696
and 21846 – 44 Avenue and 4386 – 216 Street is supported, subject to
implementation of edge planning measures in compliance with Ministry of Agriculture
and Lands standards.
CARRIED

Councillors Dornan and Kositsky opposed

2. Jericho Sub-Neighbourhood Plan Update

Report 09-108
File CD 6480-30-010

Moved by Councillor Fox,

Seconded by Councillor Bateman,
That the following motion be divided.
CARRIED

Moved by Councillor Bateman,

Seconded by Councillor Ward,
That Council receive the report entitled “Jericho Sub-Neighbourhood Plan Update”,
for information.
CARRIED

Moved by Councillor Fox,

Seconded by Councillor Bateman,
That Council authorize inclusion of land lying between 199 Street and Latimer Creek
in the Sub-Neighbourhood Plan as shown on Attachment C, subject to payment of
costs associated with additional works relating to the expanded area, including
municipal administration fees specified in Neighbourhood Plan Policy 07-221.
CARRIED

Moved by Councillor Fox,

Seconded by Councillor Bateman,
That Council endorse the revised terms of reference for the Jericho Sub-
Neighbourhood Plan, presented as Attachment D and the next steps outlined in this
report.

Page 5 of 78
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July 20, 2009
Special Council Meeting Minutes - 302 –

D. REPORTS TO COUNCIL

AMENDMENT

Moved by Councillor Fox,

Seconded by Mayor Green,
That the motion be amended to allow the proposed commercial development at the
corner of 80 Avenue and 200 Street to proceed as the first phase prior to the
proposed residential component being developed on the same site.
CARRIED

Councillor Bateman, Richter and Ward opposed

AMENDMENT

Moved by Councillor Long,

Seconded by Mayor Green,
That the motion be amended to permit one retailer (a food/drugstore) of up to
15,000ft2 prior to the residential development and staff take such steps as are
reasonably available to ensure the residential development follows in a timely
manner.
CARRIED

Councillors Bateman, Fox, and Richter opposed

MAIN MOTION, AS AMENDED

The question was called on the Main Motion, as Amended, and it was
CARRIED

Councillors Bateman, Richter, and Ward opposed

3. Facility Rental Agreement – Sportsplex Management Ltd.

Report 09-110
File RCP 7710-01

Moved by Councillor Long,

Seconded by Councillor Fox,
That Council authorize a 5-year Facility Rental Agreement with Sportsplex
Management Ltd. for the provision of ice and dry floor facilities for subsidized
allocation to Township of Langley community sport organizations; and further

That Council authorize budget increases to the Recreation, Culture, and Parks base
budgets for 2010-2013 as outlined in the report.
CARRIED

Page 6 of 78
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July 20, 2009
Special Council Meeting Minutes - 303 –

D. REPORTS TO COUNCIL

4. Renaming of Fraser Highway in Aldergrove

Report 09-109
File ENG 5400-01

Moved by Councillor Long,

Seconded by Councillor Ward,
That Council receive the “Renaming of Fraser Highway in Aldergrove” report; and
further

That Council approve the commemorating of Fraser Highway between 264 Street
and 268 Street as Veteran’s Way.
CARRIED

AMENDMENT

Moved by Councillor Fox,

Seconded by Councillor Ward,
That Council incorporate items 2 and 3 and recommend that the poppy be placed on
the right hand side and the maple leaf on the left hand side of the signage, symbolic
and in recognition of all whose who fought in war on behalf of Canada.
CARRIED

E. CORRESPONDENCE

1. Kids Help Phone – Donation Request

File 1850-01

Moved by Councillor Bateman,

Seconded by Councillor Ward,
That Council receive the letter from Bruce Jagger, Manager, Philanthropic Gifts, Kids
Help Phone requesting a $500 donation to support the Kids Help Phone and refer the
matter to staff to provide statistics on how many Langley youth are helped by this
service.
CARRIED

F. MINUTES OF COMMITTEES

1. Agricultural Advisory Committee – June 18, 2009

Moved by Councillor Bateman,

Seconded by Councillor Ward,
That Council receive the Minutes from the Agricultural Advisory Committee meeting
held June 18, 2009.
CARRIED

Page 7 of 78
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Special Council Meeting Minutes - 304 –

F. MINUTES OF COMMITTEES
MOTION

Moved by Councillor Bateman,

Seconded by Councillor Dornan,
That Council approve the extension of the Agricultural Viability Study Task Force for
the duration of the project.
CARRIED

2. Aldergrove Planning Committee – June 25, 2009

Moved by Councillor Fox,

Seconded by Councillor Long,
That Council receive the Minutes of the Aldergrove Planning Committee Meeting held
June 25, 2009.
CARRIED

3. Council Priorities Committee – July 8, 2009

Moved by Councillor Ward,

Seconded by Councillor Dornan,
That Council receive the Minutes from the Council Priorities Committee Meeting held
July 8, 2009.
CARRIED

MOTION

Moved by Councillor Bateman,

Seconded by Councillor Dornan,
That the Council Priorities Committee recommends:
(i) That Council receive the Consultation Summary Report and the draft Final Water
Management Plan;
(ii) That Council endorse the following components of the Plan:

1. Mandate drilling authorizations for new or altered water supply wells.

b) Mandate riparian 60 metre setback for new non-domestic wells less than 30
metres deep located next to a fish bearing stream.
c) Mandate hydrogeologic assessments for any new water supply wells with a
pump capacity greater than 190 litres per minute (50 US gallons per minute).
2. Enhance municipal planning and development initiatives.
a)Ensure WMP and other plans affecting water and land are harmonized.
b) Mandate new developments to maintain their pre-development infiltration
rates.
c) Mandate municipal connections for all new developments and subdivisions
if, and when, services exist nearby.
d) Require proper closure of abandoned wells after new municipal water supply
connections are installed.
g) Expand xeriscaping initiatives (drought resistant landscaping).
3. Enhance municipal water supply system.
b) Initiate a municipal zone tracking and pressure managing.

Page 8 of 78
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Special Council Meeting Minutes - 305 –

F. MINUTES OF COMMITTEES
5. Develop an integrated system for issuing drilling authorizations and surface
Water Licences.
6. Review water supply and licensing on fish bearing streams within the
Township.
7. Identify flowing artesian wells and make sure they are stopped or brought
under control.
8.* Prohibit new groundwater bottling operations.
9. Ensure specified provincial statutory decision makers consider the WMP in
making their decisions.
10. Implement a management plan for decentralized sewage in the Township of
Langley.
13. Eliminate the exemption in the Water Act that allows persons who are not
qualified well drillers to undertake certain activities.
14. Require proper closure of an unused well within a time period that is shorter
than allowed under the BC Groundwater Protection Regulation (GWPR).
15. Require all contaminated sites be remediated to soil and groundwater
standards for the protection of drinking water.
16. Support the provincial government to ensure local compliance with
contaminated site regulations.
17. Collaborate with BC Agriculture Council and Ministry of Agriculture and Lands
to enhance local participation in the Canada – BC Environmental Farm Plan
(EFP) program 18. Collaborate with real estate sector to ensure GWPR
requirements are met during property acquisition.
19. Restrict the production, use, storage and/or disposal of high risk contaminants
in areas above highly vulnerable aquifers and/or within municipal well capture
zones.
20. Undertake source water assessments of municipal wells with the Township
working on conjunction with the local Drinking Water Officer.
21.*Coordinate abandoned well closure through a voluntary registry program.
22. Promote eco-friendly alternatives to emergency response chemicals (e.g. fire
retardants).
23. Mandate submission of new and existing well data to provincial WELLS
database.
24. a) Water Use Study.
b) Expand Ministry of Environment’s Observation Well Network.
c) Township-Wise Contaminated Inventory Study / Nitrate Loading Analysis.
d) Stream Flow Monitoring Program.
e) Water Balance Study.
f) Groundwater Surface Interactions.
25. Enhance public awareness, education, and incentives.
a) Expand the Township’s Water Wise and rebate programs.
b) Encourage participation in the Private Well Network.
c) Raise awareness about the risks of improperly closed or abandoned wells.
d) Promote rain barrels, water efficient appliances, waterwise gardens, and
grey water recycling initiatives for new developments.
e) Encourage efficient irrigation scheduling practices.
f) Strengthen awareness about the risks of cosmetic pesticides.
g) Enhance awareness of local food production and agricultural practices.
26. Review the WMP in Year 5 and provide interim progress reports.

Page 9 of 78
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Special Council Meeting Minutes - 306 –

F. MINUTES OF COMMITTEES
27. Establish a funding mechanism for approved WMPs under Part 4 of the Water
Act.
28. Establish a community stakeholder advisory committee to provide input into the
WMP and its implementation.
29. Establish a local (environmental) protection officer.
30. Review BC Environmental Management Act (EMA) and the Water Act to
identify offenses that are appropriate for ticketing and take steps to make them
ticketable.
31. Instigate more rigorous inspection and enforcement of existing regulations
affecting groundwater quality.

(iii) That Council refer the following components to a Council Priorities Committee
meeting and invite the Ministry of Agriculture staff to attend to determine their
position on these elements:

1. a) Place peak flow restrictions on specified new or altered water supply wells.
2. e) Encourage development standards to better meet the WMP goals.
f) Require certified irrigation plans for new developments, and upgraded or
replacement irrigation systems (including systems on municipal land).
3. a) Limit the amount of water extracted by municipal supply wells.
4. Mandate summertime lawn sprinkling restrictions for private well owners.
8.*Mandate the prohibition of new groundwater bottling operations through
legislation.
11.Adopt a series of locally enforceable agricultural practices in the Township.
12.Initiate a pilot Nutrient Management Plan (NMP) in the Hopington area.
21.*Coordinate abandoned well closure through a mandatory registry program.
24.Fund and implement a comprehensive monitoring and study program to inform
future groundwater decisions.
g) Residential metering assessment for the municipal water supply system.
25.h) Support a voluntary metering program, if external funding is secured.

(iv) That Council inform the Ministry of Environment of progress to date, however,
delay finalizing the Plan until the referred items are considered.

AMENDMENT

Moved by Councillor Richter,

Seconded by Councillor Bateman,
That Items 28, 29 and 31 be moved under section (iii) for review at a future Council
Priorities Committee meeting.
CARRIED

MAIN MOTION, AS AMENDED

The question was called on the Main Motion, as Amended, and it was
CARRIED

Councillor Fox left the meeting at 6:06 p.m. and rejoined the meeting at 6:08 p.m.

Page 10 of 78
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Special Council Meeting Minutes - 307 –

F. MINUTES OF COMMITTEES
4. Joint Meeting of Township of Langley Recreation, Culture, and Parks Advisory
Committee and City of Langley Parks, Environment, Recreation & Culture
Committee - June 24, 2009

Moved by Councillor Bateman,

Seconded by Councillor Ward,
That Council receive the Minutes from the Joint Meeting of Township of Langley
Recreation, Culture, and Parks Advisory Committee and City of Langley Parks,
Environment, Recreation & Culture Committee Meeting held June 24, 2009.
CARRIED

G. ASSOCIATIONS AND OTHER GOVERNMENT AGENCIES

1. E-Comm 9-1-1 Request for Presentation

File 7150-01

Moved by Councillor Ward,

Seconded by Councillor Dornan,
That Council approve the request from Ken Shymanski, President and CEO,
E-Comm 9-1-1 to appear before Council to provide a brief update on E-Comm 9-1-1
activities and results over the past year.
CARRIED

H. INFORMATION ITEMS FROM SPECIAL CLOSED MEETINGS

I. ITEMS FOR INFORMATION

J. ITEMS FROM PRIOR MEETINGS

K. STAFF ITEMS FOR DISCUSSION WITH COUNCIL

1. OCP Amendment Process

Moved by Councillor Richter,

Seconded by Councillor Dornan,
That Council direct staff to schedule a Council Priorities Committee meeting with
Council to review policies and procedures associated with concurrent Community
Plan and Zoning amendments.
CARRIED

L. ITEMS FOR DISCUSSION BY COUNCIL MEMBERS

M. OTHER BUSINESS

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M. OTHER BUSINESS
1. EmbraceBC – Promoting Multiculturalism and Eliminating Racism in British
Columbia

Moved by Councillor Kositsky,

Seconded by Councillor Long,
Whereas the Province of British Columbia today launched its new program
“EmbraceBC” – promoting Multiculturalism and Eliminating Racism in British
Columbia; and

Whereas there is continued interest by community partners in the Langley Diversity

Program;

Be it resolved that Langley Township Council pass a resolution supporting an

application for funding to the new provincial program through the BCBid process.
CARRIED

2. Aldergrove Fish Farm – 753 – 264 Street

Moved by Councillor Bateman,

Seconded by Councillor Fox,
Whereas a massive gravel extraction and fish farm operation at 753 – 264 Street
has been approved in principle by the Agricultural Land Commission; and

Whereas the Township of Langley and local residents oppose the application as it
will be detrimental to local groundwater, jeopardize local farm activities, and is
inconsistent with the Township’s gravel extraction bylaw; and

Whereas there is public concern over the applicant’s hydrogeology report, which
formed a key part of the Agricultural Land Commission’s decision; therefore

Be it resolved that the Township of Langley commission its own independent

hydrogeology study of the impact of the proposed fish farm, and further

Be it resolved that the study be funded through a relevant engineering or Council

contingency fund, and further

Be it resolved that the results of the study be presented at a public session of

Council this fall and forwarded to the Agricultural Land Commission, the Minister of
Environment, Minister of Agriculture, and MLA Rich Coleman; and further

Be it resolved that a meeting be scheduled with local MLAs on this issue.

MEETING ADJOURNED

Moved by Councillor Bateman,

Seconded by Councillor Long,
That the Council meeting adjourn at 6:15 p.m. and reconvene after the end of the
Regular Council meeting.
CARRIED

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M. OTHER BUSINESS
MEETING RECONVENED

The meeting reconvened at 7:58 p.m.

2. Aldergrove Fish Farm – 753 – 264 Street (continued)

REFERRAL

Moved by Councillor Long,

Seconded by Councillor Kositsky,
That the matter be referred to staff to request and review a copy of the
hydrogeological study and report back to Council by memorandum, as soon as
possible.
DEFEATED

Mayor Green and Councillors Bateman, Dornan, Fox, Richter and Ward opposed

MAIN MOTION

The question was called on the Main Motion, and it was

CARRIED

3. Aldergrove Fish Farm

Moved by Councillor Fox,

Seconded by Councillor Bateman,
That as the Halvorson Fish Farm proposal requires gravel extraction which has
nothing to do with land enhancement, the Township of Langley requests clarification
from the Ministry of Mines as to whether this proposal requires their endorsement
and/or approval prior to any activity taking place on the property.
CARRIED

4. Film Tax Credit

Whereas the film industry in the Township of Langley generates as much as

$40 Million in economic spin-off annually in this community; and

Whereas the governments of Ontario and Quebec have recently increased

production tax credits by 25%; and

Whereas the Motion Picture Production Industry Association of British Columbia

calls this eastern Canadian move “devastating to our industry” as it will cause “the
loss of thousands of [BC] jobs”;

Therefore be it resolved that Township of Langley Council write the Premier of

British Columbia, the Minister of Tourism, Culture and the Arts, and our two local
MLAs, emphasizing the importance of our local film industry and requesting the
Province of British Columbia match this aggressive move by the governments of
Quebec and Ontario.
CARRIED
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July 20, 2009
Special Council Meeting Minutes - 310 –

N. TERMINATE

Moved by Councillor Long,

Seconded by Councillor Bateman,
That the meeting terminate at 8:30 p.m.
CARRIED

CERTIFIED CORRECT:

Mayor

Deputy Township Clerk

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REPORT TO
MAYOR AND COUNCIL

PRESENTED: AUGUST 31, 2009 - SPECIAL MEETING REPORT: 09-115

FROM: CORPORATE ADMINISTRATION DIVISION FILE: 8400-01
SUBJECT: LANGLEY REGIONAL AIRPORT – LOT 48
LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT
WITH ARIES CONSTRUCTION MANAGEMENT LIMITED

RECOMMENDATION(S):
That Council give approval to enter into a Modification of Assignment and Assumption
Agreement for Lot 48 at Langley Regional Airport with Aries Construction Management Limited
effective September 1, 2009 for a term of thirty (30) years, with a five (5) year Option to Renew;
and further

That Council give approval to Aries Construction Management Limited to construct a facility to
environment, building, and fire code requirements for aviation commercial business.

EXECUTIVE SUMMARY:
Due to organizational restructuring, Vector Aerospace Helicopter Services Inc., formerly
ACROHELIPRO Global Services Inc. requested a surrender of its Lease Agreement for Lot 48
at Langley Regional Airport (Attachment A) on December 6, 2007 prior to construction of its
planned facility. The Township did not agree to the surrender. Subsequently, a proposal to lease
and develop Lot 48 (Attachment B) was received from Aries Construction Management Limited.
This company has an established background of development at Langley Airport, having
constructed the new 47,000 square foot building for the lessee of Lot 47. The intent of Aries
Construction is to build a facility on Lot 48 for sale or lease to aviation related business as
approved by Council.

Considering Aries Construction proposal and further negotiations with Vector Aerospace
Helicopter Services Inc., a resultant Modification Assignment and Assumption Agreement
(Attachment C) is proposed for Council approval. Once executed, this Agreement would release
Vector Aerospace from its Lease Agreement effective September 1, 2009 and establish a thirty
year Lease Agreement from that date with Aries Construction Management Limited.

PURPOSE:
The purpose of this report is to seek Council approval regarding the assignment and
assumption of a lease agreement.

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LANGLEY REGIONAL AIRPORT – LOT 48
LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT
WITH ARIES CONSTRUCTION MANAGEMENT LIMITED
Page 2. . .

DISCUSSION/ANALYSIS:
Should approval be granted, Township will be paid in full by Vector Aerospace for its lease of
Lot 48 to August 31, 2009. Additionally, Aries Construction will pay annual rent of $53,324.66,
plus GST, for the period September 1, 2009 to August 31, 2010.

Previously, Council gave approval authorizing the Langley Regional Airport to make a grant
application to the Ministry of Transportation and Infrastructure for a financial contribution under
the Transportation Partnerships Program. The purpose of the grant is to assist with costs to
pave a portion of the grass runway to park visiting aircraft and helicopters over the period of the
2010 Olympic Games and beyond. In April 2009, the Township received a letter from Ministry
of Transportation and Infrastructure granting a maximum of $290,000 toward the $870,000 total
cost. Aries Construction has agreed to provide up to $290,000 tenant improvements by
partnering with the Langley Regional Airport and the provincial government to pave a potion of
the grass runway in accordance with the grant application. Aries commitment depends upon
completion of the lease process for the leased property. The design and construction of the
paving project will also ensure the paved area could be used for future community and airport
purposes.

Respectfully submitted,

George Miller
AIRPORT MANAGER
for
CORPORATE ADMINISTRATION DIVISION

This report has been prepared in consultation with the following listed departments.

CONCURRENCES
Division / Department Name
None required

ATTACHMENT A Letter from ACROHELIPRO, December 6, 2007

ATTACHMENT B Letter from Aries Construction Management Limited, July 31, 2009
ATTACHMENT C Modification Assignment and Assumption Agreement

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 ATTACHMENT C
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MODIFICATION
ASSIGNMENT AND ASSUMPTION AGREEMENT
WITH LANDLORD’S CONSENT

THIS AGREEMENT made as of ___________, 20__,

AMONG:

THE TOWNSHIP OF LANGLEY, a municipal corporation under

the Local Government Act and Community Charter and having its
Municipal offices at 20338 – 65th Avenue, Langley, British
Columbia, V2Y 3J1

(the “Landlord”)

AND:

_____________________________________________________
_____________________________________________________
_____________________________________________________

(the “Tenant”)

AND:

_____________________________________________________
_____________________________________________________
_____________________________________________________

(the “Assignee”)

WITNESS THAT WHEREAS:

A. Pursuant to a Lease dated _____________ (the “Lease”), a copy of which is attached

hereto as Schedule A, the Landlord leased to the Tenant certain premises (the
“Premises”) being a portion of the lands situate in the Township of Langley, British
Columbia, more particularly described as:

Parcel Identifier: 000-908-550

Lot 2, Except Part In Plan LMP23705 District Lot 307 Group 2
New Westminster District Plan 5745,

which Premises are more particularly described in the Lease, for a current term of
_______ years commencing on _________________ and expiring on
__________________________________________;

B. The Tenant is/is not in arrears of rent under the Lease;

C. The parties wish to modify the term of the Lease. The parties also wish to modify the
Lease to reflect the form of lease currently in use by the Landlord;

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D. The parties acknowledge and agree that rather than modifying each section of the Lease
it is preferable to simply restate the Lease and replace all sections of the Lease with new
sections;

E. The Tenant wishes to assign the Modified Lease (as hereinafter defined) and all of the
Tenant’s personal property, buildings, improvements and fixtures on the Premises to the
Assignee and the Assignee has agreed to accept such assignment on an “as is where
is” basis;

F. The Modified Lease (as hereinafter defined) contains a prohibition against assignment
without the prior written consent of the Landlord; and

G. The Tenant and the Assignee have requested that the Landlord grant its consent to the
assignment of the Modified Lease (as hereinafter defined) and the Landlord has agreed
to grant its consent to such assignment subject to the terms and conditions contained in
this Agreement.

NOW THEREFORE in consideration of the respective covenants and agreements of the parties
contained herein and other good and valuable consideration, including the payment of $10.00
now paid by each of the parties to the each of the other parties (the receipt and sufficiency of
which are hereby acknowledged), the parties hereto covenant and agree as follows:

1. RENT ARREARS

The Tenant shall pay to the Landlord upon execution of this Agreement the sum of $________
and the Landlord acknowledges that upon receipt thereof the rent under the Lease will be paid
in full up to the Effective Date (as hereinafter defined).

2. MODIFICATION

Effective as and from _________, 20__ (the “Effective Date”), the Lease is modified by
deleting those portions of the Lease commencing with the words “______________________”
on page ___ of Schedule __ and ending with the words “…_________________________” on
page __ of Schedule __ and replacing them with the terms and conditions attached hereto as
Schedule ___ (the “Modified Lease”).

3. TENANT’S REPRESENTATION AND WARRANTY

The Tenant represents and warrants that it has the right, full power and authority to agree to
these modifications to the Lease and other provisions contained in this Agreement.

4. RATIFICATION

This Agreement, as and from the date hereof, will be read and construed along with the Lease
and treated as part thereof, and the Lease, as hereby modified, will continue to be of full force
and effect and the Landlord, the Tenant and the Assignee confirm and ratify the Lease as
hereby modified.

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5. ASSIGNMENT

The Tenant hereby as and from the Effective Date assigns, transfers and sets over unto the
Assignee all of its right, title and interest in and to the Premises, together with all privileges and
appurtenances to the Premises under the Modified Lease, the unexpired residue of the term
under the Modified Lease and any extensions or renewals thereof, and the Modified Lease, and
all benefits and advantages to be derived therefrom, to have and to hold the same, subject to
the payment of the rent as is or will become due and payable under the terms of the Modified
Lease on, from and after the Effective Date, and the observance and performance of the
Tenant’s obligations as set out in the Modified Lease or established at law arising during the
term of the Modified Lease or any extension or renewal thereof.

6. ASSUMPTION AND RELEASE

The Assignee hereby assumes, from and after the Effective Date, all of the Tenant’s obligations
under the Modified Lease. In addition, the Assignee hereby assumes, from and after the
Effective Date, all of the personal property, buildings, improvements and fixtures of the Tenant
that remain on the Premises as of the Effective Date (the “Remaining Fixtures”).

The Assignee acknowledges and agrees that they assume the Remaining Fixtures on an “as is
where is” basis and that the Tenant makes no representation or warranty of whatever nature or
kind on the condition of the Remaining Fixtures.

In consideration of the mutual agreements and covenants given herein and other good and
valuable consideration given by the Tenant to the Assignee, the receipt of which is
acknowledged, the Assignee, as well as its employees, officers, directors, agents, successors
and assigns does hereby remise, release and forever discharge the Tenant, as well as its
employees, officers, directors, agents, successors and assigns, of and from any and all
obligations, debts, due accounts, demands, liabilities, claims, actions, causes of action or suits
for fees, damages of any nature, interest, costs, expenses, and compensation of whatsoever
kind and howsoever arising in connection with the Assignee’s assumption of the Modified Lease
or the Remaining Fixtures.

7. LANDLORD’S CONSENT AND OTHER AGREEMENTS

The Landlord hereby consents to the assignment of the Modified Lease, the unexpired residue
of the Modified Lease and all right, title and interest of the Tenant in and to the Premises under
the Modified Lease by the Tenant to the Assignee pursuant to the terms of this Agreement. The
Landlord’s consent herein contained will not be effective until this Agreement is executed by
each party and a fully executed copy is delivered to the Landlord.

The parties acknowledge and agree that neither this consent nor anything herein contained will
waive or modify in any respect the rights of the Landlord under the Modified Lease.

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8. COVENANT OF ASSIGNEE

The Assignee hereby covenants with the Landlord to perform all of the obligations of the Tenant
under the Modified Lease, from and after the Effective Date, as if the Assignee had been an
original party to the Modified Lease instead of the Tenant. The Assignee further covenants with
the Landlord that it will neither assign the Modified Lease nor sublet or part with or share
possession of the Premises or any part thereof except in accordance with the provisions of the
Modified Lease. The Assignee further acknowledges and agrees that the annual rent for the
Premises as of the Effective Date is $___________ plus GST.

9. MUTUAL RELEASE

In consideration of the mutual agreements and covenants given herein and other good and
valuable consideration given by the Tenant to the Landlord and by the Landlord to the Tenant,
the receipt of which is hereby acknowledged, the Landlord and the Tenant, as well as their
respective employees, officers, directors, members of Council, agents, successors and assigns
do hereby remise, release and forever discharge each other, as well as their respective
employees, officers, directors, members of Council, agents, successors and assigns, of and
from any and all obligations, debts, due accounts, demands, liabilities, claims, actions, causes
of action or suits for fees, damages of any nature, interest, costs, expenses, and compensation
of whatsoever kind and howsoever arising under or pursuant to or as a result of the Lease and
or the Modified Lease, and or the Remaining Fixtures.
.

10. ADDRESS FOR NOTICE

In accordance with Article 16.5 of the Modified Lease, as of the Effective Date the Assignee’s
address for notice is:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

11. JOINT AND SEVERAL LIABILITY

If two or more persons, corporations, partnerships or other business associations, or any

combination of two or more thereof execute this Agreement as Assignee, the liability of each
such person, corporation or other business association to pay rent and to perform all other
obligations under this Agreement will be deemed to be joint and several. If the Assignee is a
partnership or other business association, the members of which by law are subject to personal
liability, the liability of each such member will be deemed to be joint and several.

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12. ENUREMENT

This Agreement will enure to the benefit of and be binding upon each of the Tenant, the
Assignee and the Landlord and their respective successors and permitted assigns.

13. CAPTIONS

The captions appearing in this Agreement have been inserted as a matter of convenience and
for reference only and in no way define, limit or enlarge the scope or meaning of this Agreement
or any provision hereof.

14. COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which is deemed to be
an original, and all of which constitute one Agreement.

15. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the Province
of British Columbia and the laws of Canada applicable therein.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.

THE LANDLORD:

THE TOWNSHIP OF LANGLEY

Per:
Authorized Signatory

Per:
Authorized Signatory

THE TENANT:

______________________________________

Per:
Authorized Signatory

Per:
Authorized Signatory

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THE ASSIGNEE:

______________________________________

Per:
Authorized Signatory

Per:
Authorized Signatory

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SCHEDULE A
The Lease

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SCHEDULE B

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CP COMMUNITY ADVISORY PANEL

Thursday, July 23, 2009, commencing at 10:00 a.m.
Township of Langley
Salmon River Committee Meeting Room
4th Floor, 20338 – 65 Avenue, Langley, BC

MINUTES

Present: Acting Chair: Mayor Rick Green (Township)

Rick Poznikoff (Canadian Pacific Railway)
Paul Cordeiro (Township)
Dave Moorey (Canadian Pacific Railway)
Bob Hammel (City)
Mike LoVecchio (Canadian Pacific Railway)
Councillor Rudy Storteboom (City – Community Member at Large)
Peggy Hunt, TransLink
Cathy Gibbs, Constituency Assistant to Mary Polak, MLA (Langley)
R. Mufford

Absent: Mayor Peter Fassbender (City)

Councillor Dave Hall (City)
Councillor Steve Ferguson (Township)
Dennis Bickel (Port Metro Vancouver)
Ed Kolla (Chamber of Commerce)
Colin Wright (Township)
Gurminder Dhaliwahl (Township – Community Member at Large)
Francis Cheung (City)

Recording Secretary: Susan Palmer

The agenda order was varied.

C. PRESENTATIONS
1. BC Hydro/CPR Master Agreement
Pratt-Livingston Corridor

Mayor Green, Township of Langley, provided a presentation on the B.C. Hydro /

CP Rail Master Agreement over Pratt-Livingston Corridor and distributed on table
relevant information, press releases to date, and a chronological order of events.
The Mayor noted that a delegation had been received by Township Council
previously on the matter and that the Master Agreement was sent out for a legal

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July 23, 2009
CP Community Advisory Panel Minutes -2-

C. PRESENTATIONS
opinion. He continued that the Agreement states that BC Hydro kept the passenger
rights over the Pratt-Livingston Corridor in perpetuity at no cost, up to 33% of the
wheelage, as a key part of the Master Agreement when they sold off rolling stock
and equipment in 1988. Secondary to that an annexation was provided with a 21
year renewal clause signed August 29, 1988, which is up for renewal this year.
Mayor Green noted that he wished to protect public access and the Corridor.

A brief discussion ensued and R. Poznikoff noted that the rights that BC Hydro
retains are 33% of wheelage at no cost. When running large trains, costs would
significantly increase when converting to passenger rail traffic.

Mayor Green commented that BC Hydro has to maintain ownership of the Right-of-
Way to maintain running rights. CP Rail and BC Hydro or its assigns would have to
design how freight and passenger traffic cohabitate. He noted that the concept has
the approval of both Langley MLAs; that the Master Agreement is clear that
assignment can be either freight or passenger traffic; and that there has been
confirmation that BC Hydro has renewed the Agreement (21 year increment).

The question was raised as to the location of connecting points along the Corridor.

Discussion then took place relative to the Fraser Valley Heritage Rail Society
(FVHRS) project to run passenger rail service further into the Fraser Valley.
R. Mufford commented that the FVHRS currently has an Agreement in place with the
City of Surrey to run a demonstration passenger rail service from Cloverdale to
Sullivan Station. He continued that they are in the process of undertaking the
engineering for preload for a spur line to Southern Railway of British Columbia’s
system for 2010, largely funded by City of Surrey, but also through cash
contributions. He added that Southern Railway is quite accommodating in assisting
the Society. The FVHRS is hoping that they can run some excursions further afield;
their initial thrust is to run on weekends as a tourist attraction between Cloverdale
and Sullivan Station; they do not have permission to run out to Langley or
Abbotsford at this time, but the Society is working towards that goal.

Next agenda:

Staff to explore a request to extend the FVHRS demonstration line into Langley.

The original agenda order then resumed.

APPROVAL OF AGENDA

1. CP Community Advisory Panel

July 23, 2009

Moved by R. Poznikoff,
Seconded by D. Moorey,
That the CP Community Advisory Panel adopt the Agenda of the July 23, 2009
meeting.
CARRIED

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July 23, 2009
CP Community Advisory Panel Minutes -3-

A. APPROVAL OF MINUTES

1. CP Community Advisory Panel

January 22, 2009

Moved by R. Poznikoff,
Seconded by D. Moorey,
That the CP Community Advisory Panel adopt the Minutes of the January 22, 2009
meeting.
CARRIED

B. DELEGATIONS

D. REPORTS

E. CORRESPONDENCE

F. 2008 WORK PROGRAM

G. COUNCIL RESOLUTIONS AND REFERRALS

H. SUB-COMMITTEE UPDATES

I. ITEMS FOR INFORMATION

J. OTHER BUSINESS
1. CN Rail Derailment

Committee Member Cordeiro reported that he had not received any response from
CN Rail regarding their procedure for handling derailment and cleanup (re: Smith
Crescent and Glover Road).

Action Item:

Paul Cordeiro to reconnect with CN Rail regarding their procedure for handling
derailment and cleanup, with the assistance of Mike LoVecchio, CP Rail.

2. Whistles Installed at Crossings (standing item)

Discussion ensued relative to warning systems targeting moving cars and

pedestrians at rail crossings, and it was noted that equipment costs are high
($250,000 to $300,000).

Next Agenda:

R. Storteboom discussed whistle cessation measures on 200 Street. It was noted

that there may be some issues in terms of meeting Transport Canada’s Crossing
Regulations relative to signal light coverage. R. Storteboom to contact
Doug Younger, Manager of Public Works, telephone number 403.319.6416. The
request was made to add Whistle Cessation Measures as a standing agenda item.

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CP Community Advisory Panel Minutes -4-

J. OTHER BUSINESS
3. Advanced Rail Warning System (standing item)

D. Moorey commented that TransLink is leading design implementation with funding

from Roberts Bank Rail Corridor. The design proposal is pending based on the
current status of the proposed Mufford Crescent overpass. It was noted that an
overpass would assist and manage traffic, and provide more options for emergency
vehicles. If no overpass were built, the Advanced Rail Warning system would still
proceed to provide advanced warning to divert people to other corridors.

K. ROUND TABLE

L. NEXT MEETING

Date: Thursday, November 12, 2009

Location: Salmon River Committee Room
4th Floor, 20338 – 65 Avenue
Time: 10:00 a.m.

CONTACT INFORMATION

Susan Palmer
Council & Committee Clerk
Township of Langley
20338 – 65 Avenue
Langley, BC V2Y 3J1
Telephone: 604.533.6032
Fax: 604.533.6054
Email: [email protected]

M. TERMINATE

Moved by R. Storteboom,
Seconded by D. Moorey,
That the meeting terminate at 10:36 p.m.
CARRIED

CERTIFIED CORRECT:

Acting Chair, Mayor W. Rick Green

Township of Langley

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