CARIBOO REGIONAL DISTRICT

 

BYLAW NO. 3961

 

A bylaw of the Cariboo Regional District in the Province of British Columbia, to establish a commission to operate the 108 Greenbelt Service.

 

WHEREAS, the Board may by bylaw, and pursuant to the provisions of the Local Government Act, being Chapter 323 of the Revised Statutes of British Columbia, and amendments thereto, establish commissions to operate regional district services, manage property or an interest in property held by the regional district, and may establish any terms or conditions it considers appropriate; and

 

WHEREAS, the property owners of the 108 Mile Ranch, in recognition of their interest in the 108 Ranch Community Association and the commonly held greenbelt lands have a special and specific concern in the good management of the 108 Greenbelt Lands; and,

 

WHEREAS, the Board deems it desirable to establish a commission to operate the service known as the 108 Greenbelt, and manage the lands known as the 108 Greenbelt Lands.

 

WHEREAS the Commission established herein is consistent with the provisions of Section 10  of  the Restrictive Covenant registered in the Kamloops Land Title Office under H17889.

 

NOW THEREFORE, the Board of Directors of the Cariboo Regional District, duly assembled in an open meeting, hereby enacts as follows:

 

1.         CITATION

 

            A)     This bylaw may be cited for all purposes as “Cariboo Regional District 108 Greenbelt Commission Bylaw No. 3961, 2005”.

 

2.         COMMISSION ESTABLISHMENT

 

A)     A commission, to be known as the “108 Greenbelt Commission” is hereby established.

 

3.                  COMMISSION PURPOSE

 

A)     The purpose of the 108 Greenbelt Commission is to manage the 108 Greenbelt Lands (the “Lands”).  Management of the Lands will ensure their use and enjoyment of the public and the residents of the 108 Mile Ranch.  The Lands shall be utilized and enjoyed in a sustainable manner, with a view to maintaining their natural state as much as possible.

 

4.                  COMMISSION MEMBERSHIP

 

A)     The 108 Greenbelt Commission will be made up of the following members:

 

i)              the Director of Electoral Area G of the Cariboo Regional District;

ii)             seven members-at-large; and,

iii)           four members-at-large whose names are put forward by the 108 Ranch Community Association.

 

B)           All members-at-large must be residents of the 108 Greenbelt Service Area.

 

C)     All members-at-large shall be appointed by the Cariboo Regional District Board of Directors.  Such appointments shall be made annually at the Inaugural Meeting of the Board of Directors.

 

D)     No member of the Commission is eligible for remuneration.

 

5.         COMMISSION MEETINGS

 

A)          The Commission shall meet, at least, quarterly (every 3 months).

 

B)           The Commission shall be subject, to Division 3 of Part IV (open meetings) of the Community Charter, being Chapter 26 of the Statutes of British Columbia, and amendments thereto.

 

C)          Five members shall constitute a quorum for all meetings of the Commission.

 

D)          Each member of the Commission shall have one vote.  A motion is defeated in the case of a tie.

 

E)           All meetings of the Commission shall be subject to Robert’s Rules of Order.

 

            F)      The Chairperson shall call meetings at a time that is mutually convenient with the Commission membership and the Electoral Area Director. Should the Electoral Area Director, or their respective Alternate Director, not be able to attend the meeting, the Electoral Area Director may grant leave to proceed in his/her absence.

 

 

6.         COMMISSION STRUCTURE

 

A)          The Commission shall choose a Chair from within its membership.  The Chair shall preside over all meetings, and shall rule on all points of order, subject to the relevant Cariboo Regional District bylaws and policies, as well as the Rules of Order.

 

B)           The Commission shall choose a Secretary from within its membership.  The Secretary shall be responsible for recording all those present at the meetings, as well as all resolutions, in the form of minutes, to be retained and copied to the Cariboo Regional District.

 

C)          The Commission shall choose a Treasurer from within its membership.  The Treasurer shall maintain records of all revenues and expenditures related to Commission activities.  The Treasurer shall ensure that all transactions are legal and consistent with the Cariboo Regional District’s duly approved Financial Plan, bylaws, policies and procedures.  The records shall be available for inspection at the request of the Cariboo Regional District at any time.  The Treasurer shall ensure that the Commission is regularly informed of its financial status.

 

7.         COMMISSION POWERS

 

A)          The Commission shall have the following duties and powers delegated to it by the Cariboo Regional District Board of Directors:

 

i)              the Commission shall ensure that the Lands are not used, by any party, for a residential or commercial/industrial use;

 

ii)             the Commission shall ensure that any use of the Lands does not exclude the public, nor become an unreasonable interference with the enjoyment of adjacent land by the occupiers of those lands;

 

iii)           the Commission shall ensure that the Lands remain in their natural state.  Any change to the natural state of the Lands, shall be first approved by the Cariboo Regional District Board of Directors.  Nothing in this section should be interpreted as to prevent the Commission from altering the natural state of the Lands in order to:

 

a)      remove trees or structures that represent a danger to users of the Lands and to occupiers of adjacent lands;

 

b)      implement development plans approved by the Board including, but not limited to, fire suppression, and trail, beach or park development; or,

 

c)      protect persons or properties from natural hazards such as flooding or fire;

 

iv)     the Commission shall ensure that the Lands are available for the use and enjoyment of the public.  The Commission may restrict use of the Lands to those uses which are not destructive in nature and are consistent with items i), ii), and iii) above;

 

iv)     the Commission may, notwithstanding any of the above, use the Lands for grazing livestock, whether the livestock is owned by the Commission or any other person provided such use does not preclude access to the Lands by the public and is not detrimental to the future use of the Lands for the future enjoyment of the public and residents of the 108 Mile community.  The Commission is entitled to establish, levy, collect and retain fees and rents from those persons holding grazing rights on some or all of the Lands; and,

 

v)      the Commission is empowered and authorized to purchase goods and services. Exercise of this authority is subject to the Financial Plan adopted by the Cariboo Regional District, it’s bylaw and policies, as well as the purpose of the 108 Greenbelt Commission.

 

 

READ a first time this 27th day of  May, 2005.

 

READ a second time this 27^th day of  May, 2005.

 

READ a third time this 27^th day of  May, 2005.

 

 

ADOPTED this 27^th day of  May, 2005.

 

 

                                                                                             ________________________________

Ted Armstrong, Chairman

 

 

                                                                                             ________________________________

Jo-Anne Frank, Corporate Secretary

 

 

 

I hereby certify the foregoing to be a true and correct copy of Bylaw No. 3961 cited as the “Cariboo Regional District 108 Greenbelt Commission Bylaw No. 3961, 2005”, as adopted by the Regional District Board on the _____day of ______________________, 2005.

 

 

 

                                                ________________________________

                                                Jo-Anne Frank, Corporate Secretary