THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, January 23, 2006 at 7:00 p.m. in the Council Chambers of City Hall.

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

Administrator Maggie Knox
The Press & Public

APPROVAL OF AGENDA

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

ADOPTION OF MINUTES

Regular Council Meeting of January 9, 2006

Moved by Councillor Wejr, seconded by Councillor Ludwig that the Minutes of the Regular Council meeting of January 9, 2006 be adopted as circulated.
Carried Unanimously

DELEGATIONS

Janet Denison
Re: One-Tonne Challenge

Ms. Denison provided Council with information relating to the North Okanagan Community One-Tonne Challenge, whose objective is to respond to climate change through the reduction of green house gas emissions.

Ms. Denison outlined options and opportunities for government agencies, businesses, community groups and individuals, and requested that all members of Council take the one-tonne challenge.

Margo Ludwig
Re: Communities in Bloom

Ms. Ludwig advised that her organization was seeking the assistance of the City in maintaining the momentum of the Centennial celebrations and achieving civic pride.

Ms. Ludwig reviewed a number of suggested ways in which the City could assist, and encouraged all members of Council to attend the community roundtable on February 13, 2006.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

One-Tonne Challenge

The item was referred to the Public Works Committee.

Communities in Bloom

The item was referred to the Public Works Committee and Councillor Cyr.

Palliative Care

Councillor Cyr questioned whether a response had been received from the Interior Health Authority regarding Council's request for palliative care. The Administrator advised that a written request had not yet been forwarded to the Interior Health Authority, although Mayor Phillips had verbally raised the issue.

REPORTS

Finance and Administration Committee

i. Personnel

Acting Mayor Shipmaker reported that the Committee had considered a personnel matter and would report to Council at its In-Camera meeting.

Health and Safety Committee

i. Policing Resolution for Submission to OMMA and UBCM

Moved by Councillor Cyr, seconded by Councillor Wejr that Council accept the recommendation of the Health and Safety Committee that the following resolutions be submitted to the Okanagan Mainline Municipal Association and the Union of BC Municipalities for consideration at their respective annual conferences:

WHEREAS the RCMP has the ability to backfill member positions vacated due to long term leave (medical/maternity/paternity) in municipal detachments;

AND WHEREAS there is no provision to backfill member positions vacated due to long term leave in rural detachments;

NOW THEREFORE BE IT RESOLVED that the RCMP be provided the ability to backfill member positions vacated due to long term leave in rural detachments.

And

WHEREAS there is a high number of RCMP member positions within the Province that are vacant;

AND WHEREAS the number of recruits being trained and graduating from the RCMP training facility is significantly lower than the number of vacant positions;

NOW THEREFORE BE IT RESOLVED that steps be taken to increase the capacity to train RCMP recruits to meet demand.
Carried Unanimously

iii. Crystal Methamphetamine Seed Funding

Councillor Cyr reported that the program and funding application was onerous in terms of time and resources.

Moved by Councillor Cyr, seconded by Councillor Ludwig that Council accept the recommendation of the Health and Safety Committee that a letter be forwarded to the Enderby Detachment of the RCMP to determine their interests in being the champion of a crystal methamphetamine response program; and further that the municipalities of Armstrong, Spallumcheen and Vernon be contacted to determine whether they have a program in which the City of Enderby could participate by way of funding through the UBCM Community Methamphetamine Response Program.
Carried Unanimously

iv. Emergency Plan

Councillor Cyr reported that he and the Administrator had attended a meeting of the Joint Emergency Preparedness Committee. The Draft Emergency Plan would be presented to the Health and Safety Committee and then to Council for adoption.

Planning and Development Committee

i. Development Application Activity

The report was received for information.

ii. Correspondence from the Enderby and District
Chamber of Commerce Dated December 13, 2005

Councillor Wejr reported that she, Mayor Phillips and Councillor Case would be meeting with the Chamber of Commerce, as well as Barbara Craven, a consultant with expertise in obtaining grant funding, in order to pursue the issue of public washrooms.

iii. Correspondence from Julia Gully re Sales and
Redevelopment of Manufactured Home Parks in BC

Councillor Wejr reported that the item had been referred to Development Services for review and comment.

iv. Storm Water Management for Proposed Subdivision

Moved by Councillor Wejr, seconded by Councillor Case that Council accept the recommendation of the Planning and Development Committee that the request of Ekhard and Kathy Fabische for cost-sharing in the preparation of a storm water management plan be denied.
Carried Unanimously

v. Development Approval Procedures

Councillor Wejr reported that the Committee had not dealt with the Administrator's recommendation as it was felt that it should be considered by Council as a whole.

Discussion occurred as follows:

o The cost of contracting with the private sector had not been determined;
o The need for the Committee to be involved in the review process in order to fully understand the issue;
o Comparison with the City of Armstrong's bylaws.

The concensus of Council was that the Planning and Development Services review the existing Subdivision Servicing and Development Bylaw and Development Procedures Bylaw.


vi. Riparian Area Regulation

Councillor Wejr requested that the Administrator report on the issue.

The Administrator advised that she and Development Services staff had attended a Riparian Area Regulation implementation session on January 19, 2006 and reported on the following items:

o The Riparian Area Regulation was established by the Provincial Government to provide direction to Local Government in meeting Federal legislation (Fisheries Act);
o The sole purpose of the RAR being to protect fish habitat;
o The UBCM and local governments had been lobbying strongly to have implementation of the RAR delayed until implementation materials and training opportunities were made available and that questions regarding liability be addressed - the implementation materials and training opportunities had only been provided on January 19, 2006, however, the deadline for conformance had not been extended beyond March 31, 2006;
o Applicable to all lands within 30 metres of the high water mark of all streams, rivers, creeks, ditches, ponds, lakes, springs and wetlands connected by surface flow to a water body providing fish habitat;
o Anyone developing within 30 metres of such streams, etc. being required to first obtain an assessment report from a Qualified Environmental Professional;
o The definition of development including a wide range of activities;
o Suggestion that local governments comply with the RAR by amending their zoning and official community bylaws;
o Bylaw templates had not been provided - each local government would have to develop its own amendment bylaws;
o Questions regarding the requirements of the Local Government Act with respect to the zoning and OCP amendment process, including the public hearing process, had not been addressed;
o Questions regarding responsibility for monitoring had not been answered, other than to refer participants to the lengthy legal opinion commissioned by the UBCM;
o A list of QEP's would not be made available by the Ministry;
o The presenters had strongly urged local government staff to take the QEP training in order to get a full understanding of the RAR.

The Administrator further commented on the following issues discussed by the Committee:

o Impact on local government resources;
o Multiplication of efforts and costs of 185 local government organizations each preparing their own bylaws when generic templates could have been provided;
o Conflicting requirements of the RAR and the Local Government Act - the former requiring bylaw amendments in order to achieve conformity and the latter requiring public hearings before finalizing any decision to amend the bylaws;
o Additional requirements resulting in higher costs and longer time involved in development;
o Public perception will be that requirements are being imposed by local government;
o Unreasonable to require developers to obtain assessment reports without providing them with QEP contact information.

Moved by Councillor Ludwig, seconded by Councillor Cyr that Council accept the recommendation of the Planning and Development Committee that letters be forwarded to the Minister of Environment and the Minister of Community Services, with copies to the local MLA and the UBCM, expressing concerns with respect to the Riparian Area Regulation and requesting response to the following questions:
o Are the provisions of the Local Government Act with respect to the zoning and official community plan amendment process not applicable in relation to amendments required to achieve conformance with the Riparian Area Regulation?
o Why do the Riparian Area Regulation implementation materials not include generic bylaw templates?
Carried Unanimously

Public Works Committee

i. 2005 Public Works Activities

The report was received for information.

ii. Results of Sidewalk Inspection

Councillor Case reported that the Committee and the Public Works Superintendent would be touring the priorities as determined by the inspection.

iii. Recycling Schedule/Guide

The report was received for information.

iv. Correspondence From Regional District of North
Okanagan re Parking at Tuey Park

Councillor Case reported that the Committee had discussed options for improving or expanding the existing parking lot, and had referred the issue to the Public Works Superintendent to advise on the possibility of expanding the roadway to accommodate parking on the shoulder.

v. Correspondence From Sylvia Matejka
re Water System

Councillor Case indicated that the matter had been referred to the Public Works Superintendent.

vi. Application for Funding Under the Operational
Fuel Management Program

Councillor Case reported that there were questions regarding stumpage fees and revenue from the sale of timber that had been referred to the Public Works Superintendent.

Moved by Councillor Wejr, seconded by Councillor Shipmaker that the Public Works Committee recommend that Council endorse the application for funding under the Operational Fuel Management Program.
Carried Unanimously

vii. Out-of-Town Water Service - 228B West Enderby Road

Moved by Councillor Case, seconded by Councillor Cyr that Council accept the recommendation of the Public Works Committee that a third letter be forwarded to the property owner indicating that:
o The notice period indicated in the City's previous letter had not been sufficient and is therefore being extended to 60 days from the date of the previous letter;
o Water service will be disconnected if payment is not received in full by February 7, 2006;
o In the event that water service is disconnected, future reconnection will be subject to Council approval and the installation of a water meter.
Carried Unanimously


Councillor Case

Councillor Case reported that Cora Prevost would be meeting with Alex Brookes to explore the possibility of including funding for an events coordinator position in the application for Job Creation Program funding.

Councillor Wejr

Councillor Wejr reported as follows:

o Budget consideration at the NORD Regional Board meeting on January 10, 2006;
o Her appointment to an ad-hoc finance and administration committee of the Regional Board and attendance at its first meeting;
o Budget consideration at the Enderby/Area F Services Committee meeting of January 9, 2006;
o Future meetings of the Enderby/Area F Services Committee scheduled for February 13, March 13 and April 10 of 2006 at 2:00 pm.

Councillor Ludwig

Councillor Ludwig reported on her attendance at meetings of Success by Six, the Enderby and District Arts Council and the Okanagan Regional Library Board.

Administrator

The report was received for information.

It was agreed that the issue of Highway 97A Access would be placed on the February 6, 2006 Council agenda in order to provide Council an opportunity to discuss its priorities prior to meeting with the Ministry of Transportation on February 20.

Treasurer
Re: Community Tourism Fund

The report was received for information.

NORD - Building Permit Reports to December 31, 2005

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

NEW BUSINESS

Review and Enforcement of Regulatory Bylaws

Councillor Cyr raised the issue of the City's regulatory bylaws and enforcement of same.

Discussion occurred as follows:

o Need to determine which bylaws require review;
o Costs vs. revenue from fines;
o Number of complaints;
o Contract or part-time enforcement officer;
o Development of policies key to enforcement.

The concensus of Council was that the Health and Safety Committee review the City's regulatory bylaws.

Correspondence from North Okanagan Regional District re
Okanagan Film Commission - Request to Establish Function

Discussion occurred as follows:

o Level of City's contribution would be approximately $800/year;
o Funding may be better utilized by contribution to something tangible in the community;
o Benefit of participation to entire Region;
o Consideration during budget process.

Moved by Councillor Ludwig, seconded by Councillor Vetter that a letter be forwarded to the North Okanagan Regional District indicating that the City does not wish to participate in the Okanagan Film Commission function.
Carried Unanimously

PUBLIC QUESTION PERIOD

Allyson Witt

Allyson Witt expressed concern that the recycling contractor will no longer handle glass.

The Administrator advised that it may be that the regional recycling facility does not accept glass, however, the Public Works Superintendent would be requested to provide clarification at Council's next meeting.

Greg McCune

Greg McCune advised that he and Cora Prevost had been delegated by the Chamber of Commerce to attend meetings of Council, and circulated a list of Chamber committees.

He further indicated that the Chamber wished to meet with Councillor Cyr regarding the possibility of reactivating the Citizens on Patrol program.

Jackie Pearase

Jackie Pearase expressed concern that there was two feet between the ploughed portion of side streets and the curb.

IN-CAMERA MEETING

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

ADJOURNMENT

The meeting adjourned at 8:30 p.m.




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Mayor Administrator