THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, April 3, 2006 at 7:00 p.m. in the Council Chambers of City Hall.

Present: Mayor Phillips
Councillor Brad Case
Councillor Howie Cyr
Councillor Beryl Ludwig
Councillor Earl Shipmaker
Councillor Tony Vetter
Councillor Dee Wejr

Treasurer Geri Ferguson
Planner Rob Smailes, NORD
Recording Secretary Bettyann Kennedy
The Press & Public

APPROVAL OF AGENDA

Item 8.a (Enderby in Bloom) was moved forward on the agenda to follow item 5.a – Riparian Areas Regulation.

The following items were added to the agenda under New Business:
- Canada Day Celebrations
- Heritage Commission

Moved by Councillor Wejr, seconded by Councillor Case that the agenda be approved as amended.
Carried Unanimously

ADOPTION OF MINUTES

Regular Meeting Minutes of March 20, 2006

Moved by Councillor Ludwig, seconded by Councillor Cyr that the Minutes of the Regular Meeting of March 20, 2006 be adopted as circulated.
Carried Unanimously

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Riparian Areas Regulation Update

The Planner introduced the item and provided a review of the Riparian Areas Regulation to date and explained the three elements of the Development Services recommendation.

Further discussions:

- The recommendation is written in such a way as to provide direction to staff in helping applicants with uncertainty and to alleviate liability to the municipality.
- The Planner suggested that Council keep abreast of developments, as there may be potential for government funding. Getting watercourses classified will then enable staff to assist individual home owners. Existing mapping includes all waterways that are known, but because the definition has been described in a very broad sense, identifying all waterways will be difficult.
- The implications of the Riparian Area Regulations are far reaching. This is the most significant policy effecting people and local government since the Land Commission was introduced in the 1970’s.
- Qualified Environmental Professionals are required. The Provincial Government does not provide a list of these professionals.
- Not adopting the regulation is an option. However, not adopting it would put the city at risk.
- The expense to developers to comply with the new regulations may result in affordable housing being out of reach, as the costs will be passed on to the land price.
- Once the bylaws have been prepared, given first reading, and forwarded to Ministry of Environment and Fisheries and Oceans Canada, the Planner suggests just taking thing slowly to see what results.
- The Planner circulated a copy of a “Property Owner’s Guide to the Provincial Riparian Areas Regulation” which has been produced at the Regional District Office to assist in the understanding of the regulation and the application process.

Moved by Councillor Cyr, seconded by Councillor Ludwig that Council adopt policy whereby any of the following associated with or resulting from the local government regulation or approval of residential, commercial or industrial uses or ancillary activities to the extent that they are subject to local government powers under Part 26 of the Local Government Act:
a) removal, alteration, disruption or destruction of vegetation;
b) disturbance of soils;
c) construction or erection of buildings and structures;
d) creation of non-structural impervious or semi-impervious surfaces;
e) flood protection works;
f) construction of roads, trails, docks, wharves and bridges;
g) provision and maintenance of sewer and water services;
h) development of drainage systems;]
i) development of utility corridors;
j) subdivision as defined in section 872 of the Local Government Act;

And which are located within a “riparian assessment area” which is defined as follows:
a) for stream, the 30 metre strip on both sides of the stream, measured from the high water mark,
b) for a ravine less than 60 metres wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 metres beyond the top of the ravine bank, and
c) for a ravine 60 metres wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 metres beyond the top of the ravine bank.

Then, for a local government to allow development to proceed in a riparian assessment area, a developer will be required to follow the RAR and, at their expense, hire a QEP to provide an assessment report to the Ministry of Environment and to Fisheries and Oceans Canada and the local government must receive notification from the Ministry that, in respect of the proposed development, an assessment report has been received which meets the requirements of section 4 (2) or of section 4 (3) of the Riparian Areas Regulation. For example, these requirements apply to the issuance of development permits, development variance permits or building permits for development involving a riparian assessment area or in relation to zoning, re-zoning or subdivision servicing bylaws in respect of development in a riparian assessment area.

If a development is proposed in an area that is clearly not in, or in close proximity to, a riparian assessment area, then the local approval process will be followed. However, if there is any doubt, local government staff may consider requiring the developer to sign a document, such as an affidavit, confirming that, in respect of the proposed development, there are no changes proposed within a riparian assessment area. The developer will then be responsible for any consequences of not following the Riparian Areas Regulation or for providing incorrect information; and

That Council endorse the approach to implementation of the Riparian Areas Regulation outlined in the report from the Development Services Manager dated March 30, 2006; and

That bylaws to amend the Official Community Plan and Zoning Bylaw be drafted and forwarded for first reading and referred to the Ecosystems Branch of the Ministry of Environment and Fisheries and Oceans Canada (DFO) for review and comment.
Carried Unanimously

Enderby in Bloom
Re: Community Garden

Discussion:

- The Planner indicated that as long as the property is not residential or commercial it is probably ok. However, if land is being disturbed, it could very well fall under the regulations. Contacting the DFO for input would be advisable.
- There is no water supply or access to this property.
- Vandalism and resulting expenses would need to be addressed.

Moved by Councillor Wejr, seconded by Councillor Case that Council agree in principle to permitting a Community Garden at the road right-of-way between Maud Street and the Riverwalk.
Carried Unanimously

Emergency Planning – Funding Application

Moved by Councillor Wejr, seconded by Councillor Ludwig that the City of Enderby apply for funding under the 2006 Emergency Planning Program for further development of its Emergency Plan, including identification of resources and development of contact information.
Carried Unanimously

BYLAWS

Zoning Bylaw No. 966, 1987 Text Amendment Bylaw No. 1383, 2006
To permit Food Concessions and Arts and Crafts Sales in the S1 (Assembly, Civic and Public Services) Zone

The Planner introduced the bylaw stating that the amendments were requested by the Enderby/Area F Services Committee.

Moved by Councillor Wejr, seconded by Councillor Case that City of Enderby Zoning Bylaw No. 966, 1987 Text Amendment Bylaw No. 1383, 2006 be introduced, given first and second reading and referred to Public Hearing.
Carried Unanimously

REPORTS

Councillor Cyr

Councillor Cyr reported that he has forwarded bylaw information he has obtained to the Administrator. He knows of an individual who is willing to contract services to tidy up our bylaws. Councillor Cyr also has information that he has obtained from another community whose system is working well.

Councillor Cyr will be contacting the local RCMP, as he is liaison for the RCMP Community Consultative Committee.

Councillor Wejr

Councillor Wejr attended a Chamber of Commerce meeting. Public washrooms were discussed.

The Legion is in need of funds for Cenotaph Park. Landscaping, including possible tree removal is required. Councillor Wejr suggested that Councillors consider the possibility of creating a committee to address the issues at Cenotaph Park.

Mayor Phillips

Mayor Phillips reminded Council and the public of the Ministry of Transportation Public Meeting taking place on Thursday, April 6 at 7:00 p.m. at the Drill Hall.

Donna Lommer and Nancy Kilpatrick of Interior Health will be present at the May 1st Council meeting as a delegation to discuss palliative care in Enderby.

Mayor Phillips reminded Council of the invitation to participate in the Hearts @ Work workshop at the Granville Getaway.

Administrator
Re: Active Communities

Moved by Councillor Ludwig, seconded by Councillor Wejr that the report be received and filed.
Carried Unanimously

NEW BUSINESS

Option of Early Repayment – Issue #64

It was consensus of Council not to exercise the option of early debt repayment of Issue #64.

Moved by Councillor Shipmaker, seconded by Councillor Cyr that the report be received and filed.
Carried Unanimously

Municipal Insurance Association – March 2006 Board Meeting Highlights

Moved by Councillor Case, seconded by Councillor Cyr that the correspondence be received and filed.
Carried Unanimously

Enderby and District Chamber of Commerce
Re: 2006 Joint Special Project

Discussion:
- Councillor Cyr expressed concern that continuing to replace the plaques is not cost effective due to repeated defacing.
- Councillor Case reported that the replacement plaques will be installed differently and should resist defacing.

Moved by Councillor Cyr, seconded by Councillor Case that the City partner with the Enderby and District Chamber of Commerce in a joint special project to replace plaques on the tables and benches along the Riverwalk at a cost not to exceed $2,050.
Carried Unanimously



Canadian Association of Home and Property Inspectors
Re: Standards for House and Property Inspection Industry

Moved by Councillor Wejr, seconded by Councillor Ludwig that the correspondence be received and filed.
Carried Unanimously

Celebrate Canada Waiver Form – Event Liability

Moved by Councillor Wejr, seconded by Councillor Case that Council approve the use of City property by the Enderby Recreation Committee for Canada Day celebrations.
Carried Unanimously

Heritage Commission

The Treasurer informed Council that the Enderby Heritage Commission is preparing a grant application to the Heritage Commission for the plaque program and are seeking a letter of support from the City.

Moved by Councillor Ludwig, seconded by Councillor Cyr that the City endorse an application by the Enderby Heritage Commission to the Heritage Legacy Fund of British Columbia for funding of plaques.
Carried Unanimously

ADJOURNMENT

The regular meeting adjourned at 7:55 p.m.



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MAYOR ADMINISTRATOR