THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, December 4, 2006 at 7:00 p.m. in the Council Chambers of City Hall.

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

Administrator Maggie Knox
Public Works Superintendent Alf Soros
Recording Secretary Bettyann Kennedy
The Press & Public

APPROVAL OF AGENDA

Moved by Councillor Vetter, seconded by Councillor Cyr that the agenda be approved as circulated.
Carried Unanimously

ADOPTION OF MINUTES

Regular Meeting of November 20, 2006

Moved by Councillor Ludwig, seconded by Councillor Cyr that the minutes of the regular meeting of November 20, 2006 be adopted as circulated.
Carried Unanimously

Committee of the Whole Meeting of November 27, 2006

Moved by Councillor Ludwig, seconded by Councillor Cyr that the minutes of the Committee of the Whole Meeting of November 27, 2006 be adopted as circulated.
Carried Unanimously

Committee of the Whole Meeting of November 27, 2006

Moved by Councillor Ludwig, seconded by Councillor Cyr that the minutes of the Committee of the Whole Meeting of November 27, 2006 be adopted as circulated.
Carried Unanimously

DELEGATIONS

Maureen Walker and Sharon Webb - Enderby in Bloom
Re: Community Garden at Barnes Park

- A conceptual drawing of the proposed garden was circulated. It was noted that the drawing shows the gardens in a mirror image.
- It has been identified that the first priority is to create a therapeutic garden before establishing gardening plots.
- Enderby in Bloom intends to partner with Interior Health, the Alzheimer's group, and local gardeners on the project.
- Garden concept will likely change as needs are identified and developed.
- Proposed site is not being utilized currently. They intend to clean up the existing weeded area near the wading pool to create a picnic area for parents.

Ms. Walker responded to questions from Council:
- Pathways will be hard packed to provide easy access by Parkview Place residents.
- They are proposing a noise buffer of evergreens between the garden and the highway.
- Cost of garden will be dependant on the level and type of participation.
- They are seeking agreement in principle from Council for the project and will provide more detailed plans once approval has been obtained from the Enderby / Area F Services Committee.

Elmer Halvorson - Enderby Lions Club
Re: Operational Fuel Management Project

Mr. Halvorson presented his understanding of an agreement regarding free firewood to the Lions Club from the Operational Fuel Management Project:
- Lions Club was offered firewood by the Public Works Superintendent who indicated that costs were covered by grants;
- Upon visit to site, valuable logs were identified which were sold to Tolko Industries and Schapol Logging using the City's timber mark. The Lions Club were expecting payment for these logs less the stumpage fees. This has hot happened.
- Had they cut and split these logs rather than selling them, they would have had more firewood and would have saved the City hauling costs.
- Jody McCall of Monashee determined how the stumpage fees would be calculated and how the wood was to be removed. The Lions Club did not agree with the method of removal and stumpage estimates by Monashee.
- They have received no funds from the pole logs that were sold. If the stumpage fees were as high for the firewood as for the logs, then they feel that the project was not worth their while.
Upon question, Mr. Halvorson indicated that a total of 28 cords of firewood at a price of $140 per cord have been sold by the Lions Club.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

06-0277-END-DP / 06-0598-END-DP / 06-0712-END-DVP
Lot 1, DL 226, ODYD, Plan KAP75600
601 Bass Avenue
Applicant: CDN Frameworks Building Systems Inc.

Mayor Phillips invited adjacent land owners to comment on the applications. There were no speakers.

Charles Nash of Nash and Associates addressed Council as representative of the applicant:
- His client has addressed all issues except that of the office building.
- Removing the office building at this time will result in hardship to his client.
- Bass Avenue is functioning well and his client sees no plans to have the roadway widened in the near future.
- Money has been spent on this property and it is a site that the City should be proud of.
- CDN is seeking approval as presented. Their operation is functioning well and does not impact site lines.
- Adjacent property owners have not supplied any negative feedback.

Marvin Skjerpen, applicant, and Mark Iverson, employee of the applicant, indicated the following:

- They could see no reason why the office building should be moved for at least another five years;
- Vines were planted, but had not survived as there had been no sprinkling system;
- A sprinkling system had now been installed;
- A chain link fence had been erected;
- Moving the office building would result in re-paving and relocating fibre optics;
- If required, the office building could be moved to meet the front yard setbacks in the spring of 2007.

Discussion occurred as follows:

- The relocation or removal of the temporary office building by October 2007 was a condition of the previous development permit;
- An outstanding requirement of the previous development permit was the installation of slatting on the chain link fence or planting of shrubs;
- Bass Avenue being designated as a major road in the Official Community Plan;
- Question why the applicants would go to the expense of paving and installing fibre optics with full knowledge that the location of the office building was temporary;
- The development as presented met the requirements for form and character;
- The City holds an irrevocable letter of credit for the cost of removing the temporary office building;
- Suggestion that the applicant be permitted to leave the office building where it is currently located for an additional 5 years or more;
- Council's options being to either approve or deny the variances.


Moved by Councillor Ludwig, seconded by Councillor Wejr that the following variances be approved:
- Section 603.9.d of the City of Enderby Zoning Bylaw No. 966, 1987 by reducing the sideyard setback for a dry storage building from the required 6 metres to the proposed 3 metres;
- Section 603.9.d of the City of Enderby Zoning Bylaw No. 966, 1987 by reducing the side yard setback for a shed from the required 6 metres to the proposed 3.34 metres;
- Section 603.9.d by reducing the side yard setback of an office building from 6 metres to 2.84 metres;

AND THAT Council authorize the issuance of a Development Permit for Lot 1, District Lot 226, Osoyoos Division Yale District, Plan KAP75600 located at 601 Bass Avenue, subject to the following conditions:
a) The dimensions and siting of the buildings and structures to be constricted on the land be in general accordance with Schedule 'A' to the draft Development Permit;
b) The exterior design and finish of the buildings and structures to be constructed on the land be in general accordance with Schedule 'B' to the draft Development Permit;
c) A compact evergreen hedge must be planted and irrigated or slatting must be installed on the existing chain link fence to provide a solid screen for the outdoor storage areas on the property pursuant to Section 403.a of the City of Enderby Zoning Bylaw 966, 1987;
d) All parking related to business operations on the subject property must be accommodated on the property in the spaces delineated on Schedule 'A' to the draft Development Permit. There shall be no parking or storage of vehicles, trucks or trailers on road right-of-ways adjacent to the subject property;
e) Paving of the parking and driveway areas shall be in accordance with Section 1001.2.e of the Zoning Bylaw 966, 1987
f) In addition to the parking and driveway areas, off-street loading areas must be provided and maintained in accordance with Section 1101 of the City of Enderby Zoning Bylaw 966, 1987. All loading spaces must be of adequate size and with adequate access thereto to accommodate the types of vehicles which will be loading and unloading, but in no case may be insufficient to accommodate a vehicle 9 metres in length, 2.4 metres in width and 3.7 metres in height;
g) Prior to issuance of the Development Permit, a report, certified by a Professional Engineer, shall be provided which describes how storm drainage will be managed on the site including the collection, retention and disposal to a suitable system of dry-wells or other systems which shall be designed, inspected and certified as-built by a Registered Professional Engineer;
h) Prior to issuance of the Development Permit, the temporary office building is to be moved to conform with Section 603.9.b (front yard setbacks) and Section 402.6.i.a (special building line setback from the centreline of Bass Avenue) of the City of Enderby Zoning Bylaw No. 966, 1987;
i) Prior to issuance of the Development Permit, an irrevocable letter of credit must be provided in the amount equal to 1.5 times the estimated cost of paving the parking, driveway and loading areas and of either installing slatting on the existing chain link fence or planting and irrigating an evergreen hedge around the fence. The estimates must be prepared by qualified contractors
Carried Unanimously

Community Garden at Barnes Park

Moved by Councillor Cyr, seconded by Councillor Ludwig that a letter be forwarded to the Enderby / Area F Services Committee stating that Council supports the concept of a therapeutic and community garden in Barnes Park.
Carried Unanimously

Community Tourism Program

Moved by Councillor Wejr, seconded by Councillor Vetter that Council accept the recommendation of the Enderby/Area F Services Committee and the City's Ad-Hoc Tourism Committee that a joint application be submitted on behalf of the City of Enderby and Electoral Area F for funding under the Community Tourism Program for the development of river access improvements, river signage, mapping, education and brochures;
AND FURTHER that Neil Brookes be engaged by the Enderby/Area F Services Committee to prepare the application.
Carried Unanimously

Municipal Rural Infrastructure Program - Applications

Moved by Councillor Wejr, seconded by Councillor Case that the City of Enderby apply for funding under the Municipal Rural Infrastructure Program for the following infrastructure projects:

1. Improvements to the Wastewater Treatment Plat as outlined in Table 5.2 of the City of Enderby Wastewater Treatment Plant study dated November 21, 2006.
2. Upgrade and expansion of the City's Water Treatment Plant including:
- Standby Power
- Intake Modifications
- Pump System Upgrade
- Packaged Treatment System
- Backwash Pump/Piping
- Distribution Pump/Piping
- Backwash Settling Tank
- UV System Addition
3. Improvement of the following roads, including the items identified in the Roads Inventory and Condition Assessment, as well as sidewalk, curb and gutter:
- Stanley Avenue
- Cliffview Drive, including a roundabout/traffic circle
- Johnston Avenue

AND FURTHER that Stantec Consulting Group be engaged to prepare the necessary applications with the assistance of City staff.
Carried Unanimously

Councillor Ludwig reminded Council that this application has been identified as a priority project and as such will impact progress on other projects.
BYLAWS - Adoption

Council Member Remuneration and Expense Bylaw No. 1388, 2006

Moved by Councillor Wejr, seconded by Councillor Case that Council Member Remuneration and Expense Bylaw No. 1388, 2006 be reconsidered and adopted.
Carried Unanimously

REPORTS

Councillor Ludwig

Councillor Ludwig attended the following:
- Success by Six
- Splats'in First Nations
- Committee of the Whole meetings
- Santa Clause Parade

Councillor Wejr

Councillor Wejr attended a Columbia Shuswap/North Okanagan Regional Hospital District meeting. Ministers Abbott and Christianson were in attendance and reported that upgrades to the hospitals in Salmon Arm, Vernon, and Kelowna are considered high priority. The Board agreed to 40% taxation funding towards these upgrades.

Councillor Wejr also attended the Committee of the Whole meetings.

Councillor Cyr

Councillor Cyr commented on the value of the Committee of the Whole meetings.

Mayor Phillips

Mayor Phillips attended a Health Centre Community Advisory Committee and reported the following:
- Membership has grown and now includes representatives of Area F, School District 83, Interior Health Client Relations, Alcohol and Drug Services in addition to the Health Centre, City of Enderby, Splats'in First Nation, Health Co-Op, Chamber of Commerce, Falls Prevention, and Seniors.
- Terms of Reference have been upgraded.
- Enderby and District Care Society donated funds for a cast-cutter. Area F representative donated $900 for walking poles.
- Community Health Centre is hosting Enderby Interagency Committee monthly meetings. The next meeting is December 6th and will feature RCMP from Sicamous speaking on crystal meth.
- The Health Centre has implemented an influenza protocol to protect patients and staff from flu and other communicable diseases.

The meeting with the Splats'in First Nation was very informative. The next meeting is scheduled for February 26, 2007 at Timbercreek Hall.

Operational Fuel Management Project

Discussions occurred regarding the Lions Club request to receive the net proceeds from the sale of timber sold with the City's timber mark in addition to the 28 cords of firewood they received. The following items were discussed:

- Stumpage rates for firewood and timber differ, however stumpage rates will not change the bottom line.
- Surplus of $1,534.02 would normally go into general surplus.
- Fire Department contributed to the project with no financial remuneration.
- City equipment was used due to timing issue. Also, due to staff levels and access to funding, Monashee was engaged to manage the project.
- An even split between the Lions Club, Firemen, and the City was considered.

Moved by Councillor Cyr, seconded by Councillor Ludwig that $1,320 be forwarded to the Lions Club.
Carried Unanimously

Financial Position to October 31, 2006

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

Disclosure of Contracts with Council Members and Formal Council Members

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

Protective Services - Fire Inspection Report for October 2006

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

Council Directives Tracking - as at November 20, 2006

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

NEW BUSINESS

City of Langley - Correspondence dated November 8, 2006
Re: Integrated Teams

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


Minister of Forests and Range - Correspondence dated November 14, 2006
Re: Community Forest Agreement

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

Okanagan Regional Library - Correspondence dated November 16, 2006
Re: Letter of Appointment Form

Moved by Councillor Wejr, seconded by Councillor Ludwig that Mayor Phillips remain as representative and Councillor Ludwig remain as alternate representative on the Okanagan Regional Library Board.
Carried Unanimously

Aldon Waste Systems Ltd. - Correspondence dated November 10, 2006
Re: Garbage Collection Contract

The Public Works Superintendent met with Aldon Waste whose contract for refuse collection has expired. It would be beneficial to both parties to extend the existing contract to coincide with the blue bag recycle contract.

Moved by Councillor Ludwig, seconded by Councillor Wejr that the contract with Aldon Waste Systems Ltd. be extended to May 31, 2008 with a cost per unit increase of 5%.
Carried Unanimously

Town of Princeton - Correspondence dated November 14, 2006
Re: Tourism BC Website Errors

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

Ministry of Environment - Correspondence dated November 20, 2006
Re: Follow-up to UBCM meetings

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

Regional District of North Okanagan - Correspondence dated Nov. 21, 2006
Re: North Okanagan Regional Transit Service Establishment Amendment
Bylaw No. 2198, 2006

Moved by Councillor Ludwig, seconded by Councillor Wejr that pursuant to the provisions of Section 801.4 of the Local Government Act, the Council of the City of Enderby does hereby consent, on behalf of the electors of the City of Enderby, to the Board of the Regional District of North Okanagan adopting the following bylaw:
“North Okanagan Regional Transit Service Establishment Amendment Bylaw No. 2199, 2006”
to amend North Okanagan Regional Transit Service Establishment Bylaw No. 1661, 2000 by including the City of Enderby, Village of Lumby, and Electoral Area “F” within the service area / participating area and that the net annual cost of the service be reapportioned.
Carried Unanimously


City of Port Alberni - Correspondence dated November 21, 2006
Re: Saving the Martin Mars Water Bombers

Moved by Councillor Vetter, seconded by Councillor Ludwig that a letter in support of the City of Port Alberni be forwarded to the Premier of B. C. asking that the province invest in the Martin Mars Water Bombers.
Carried Unanimously

2007 Council Meeting Schedule

Moved by Councillor Wejr, seconded by Councillor Ludwig that the 2007 Council Meeting Schedule be adopted as circulated.
Carried Unanimously

PUBLIC QUESTION PERIOD

Gardner Shaw of 115 Cliffview Drive asked when commencement of work would begin on Cliffview Drive. The Administrator stated that an announcement of approved applications will likely be made in June 2007. If the City's application for funding is successful, works will not likely begin until 2008.

CLOSED MEEETING RESOLUTION

Moved by Councillor Ludwig, seconded by Councillor Case that Council hold a meeting closed to the public in order to discuss one or more topics under Section 90 of the Community Charter.
Carried Unanimously

ADJOURNMENT

The regular meeting adjourned at 9:00 p.m.




______________________ _____________________
MAYOR ADMINISTRATOR