THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, November 15, 2004 at 7:00 p.m. in the Council Chambers of City Hall.

Present: Mayor Phillips

Councillor Sue Brookes

Councillor Beryl Ludwig

Councillor Earl Shipmaker

Councillor Hubert van Berkel

Councillor Tony Vetter

Councillor Dee Wejr

Administrator Maggie Knox

Planner Rob Smailes, NORD

Treasurer Geri Ferguson

Public Works Superintendent Alf Soros

Recording Secretary Bettyann Kennedy

The Press & Public

APPROVAL OF AGENDA

The following items were added to the agenda under Bylaws – 3^rd Reading:

• Zoning Amendment Bylaw No. 1358, 2004
• Zoning Text Amendment Bylaw No. 1359, 2004

The following item was added to the agenda under New Business:

• Enderby Merchant’s Association – Request for Street Closure
• Lions Club Auction – Request for Items

Moved by Councillor Wejr, seconded by Councillor Brookes that the agenda be approved as amended.

Carried Unanimously

ADOPTION OF MINUTES

Committee of the Whole (Planning) Meeting of November 1, 2004

Moved by Councillor Ludwig, seconded by Councillor Wejr that the minutes of the Committee of the Whole (Planning) Meeting of November 1, 2004 be adopted as circulated.

Carried Unanimously

Regular Meeting of November 1, 2004

Councillor Ludwig requested that her opposition to Zoning Amendment Bylaw No. 1352, 2004 be recorded.

Moved by Councillor Brookes, seconded by Councillor Wejr that the minutes of the regular meeting of November 1, 2004 be adopted as amended.

Carried Unanimously

RECESS

The regular meeting recessed at 7:05 p.m. and reconvened at 7:15 p.m.

DELEGATIONS

Lesley Dieno – Okanagan Regional Library – 2004 Budget Presentation

Ms. Dieno provided a brief overview of the highlights of the circulated budget presentation:

• Outline of new locations
• Computerized check-out service
• New P.C.’s and software
• Costs for materials ($100,000 budgeted for this year and $100,000 for next year)
• Circulation numbers
• Story-Hours and Summer Reading Club now core services
• Strategic plan
• New Vernon Branch in 2005
• Increased funding through DVD collections
• Increase in open hours
• Advertising at branch level
• Keeping tax assessments low

Ms. Dieno communicated the positive feedback obtained from the Friends of the Library luncheon and tour which occurred at the Enderby Branch.

The increase to the budget is 3.99%.

Diana Inselberg and Anne Casey – BCSPCA , Shuswap Branch

• The SPCA is not funded by the government. They rely on donations and local fund raising.
• Of 951 animals sheltered in Salmon Arm in 2003, 160 came from Enderby. 2004 figures are not available.
• Cats continue to be an ongoing problem.
• Their policy is to spay and neuter all pets coming into the shelter. They will not adopt out a pet until it has been neutered. This, in addition to medicine has greatly increased veterinarian costs.
• There has been increased visibility in Enderby by way of donation cans, adoption ads in the local newspaper, a spring garage sale, Christmas Bazaar, and the dog walk in the Fall Fair Parade.
• The current deficit is at $55,000 as of the end of October. Fund raising alone is not enough, so they are asking for a little from each community that uses the SPCA. It would not be wise to discontinue the neutering program or raise the adoption fees any higher.

In response to questions from Council:

• They have a no-kill policy. Only animals that are sick, elderly or aggressive are put down.
• As there is an abundance of cats in the Shuswap shelter, volunteers have actually transported kittens to the lower mainland for adoption.
• There are lots of food donations made and a very strong volunteer base in the area.
• It is estimated that each animal costs the SPCA approximately $100.
• Donations made payable directly to the Shuswap Branch of the SPCA stay in the area.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Okanagan Regional Library – 2004 Budget Presentation

Moved by Councillor Ludwig, seconded by Councillor Brookes that the report be received and filed.

Carried Unanimously

SPCA Shuswap Branch – Grant in Aid

Moved by Councillor Wejr, seconded by Councillor Ludwig that a donation of $1,000 be made to the SPCA Shuswap Branch in 2004.

Carried Unanimously

Discussion: It was consensus of Council to consider ongoing contributions to the SPCA with other group requests for grants during budget deliberations. At that time, criteria will be established for dealing with grants and donations. The SPCA will be contacted once the criteria has been created.

Draft Policy – Endorsement of Resolutions from Other Local Governments

Discussion:

• If requests are not placed on agenda, then press and public would not have access to them.
• Resolutions dealt with through the OMMA and UBCM process ensures that the issue is properly researched and that debate is more widespread.
• Some communities circulate and others place on agenda.
• Placing items on City Hall bulletin board would satisfy public viewing.

Moved by Councillor Brookes, seconded by Councillor van Berkel that whereas Council regularly receives correspondence from other local government bodies requesting endorsement of resolutions formed by those local government organizations;

AND WHEREAS the Union of British Columbia Municipalities has established a process through which resolutions and positions of individual local government bodies may be submitted, reviewed and advanced to the annual Convention for consideration by local government elected officials from throughout the Province;

NOW THEREFORE BE IT RESOLVED that policy be established whereby requests for endorsement of resolutions or opinions of other local government bodies be posted on the public notice board and only placed on the Council meeting agendas upon request by a member of Council.

Amending Motion:

Moved by Councillor Brookes, seconded by Councillor van Berkel that the final paragraph be amended by deleting the words “circulated to all members of Council” and substituting the words “posted on the public notice board” therefore.

Carried Unanimously

Main Motion as Amended

The question was called on the main motion as amended.

Carried Unanimously

Agricultural Land Commission – Richards Application

Moved by Councillor Vetter, seconded by Councillor Ludwig that the correspondence be received and filed.

Carried Unanimously

BYLAWS – 3^rd Reading

Zoning Amendment Bylaw No. 1358, 2004

Lot 1, DL 150, K (Formerly O) DYD, Plan 7774 (Personnier) from Residential Single Family (R.1-A) to Highway and Tourist Commercial (C.2)

Moved by Councillor Wejr, seconded by Councillor Brookes that Zoning Amendment Bylaw No. 1358, 2004 be given third reading and referred to the Ministry of Transportation.

Carried Unanimously

Zoning Bylaw Text Amendment Bylaw No. 1359, 2004

Adding “massage therapy clinics” to Sections 501.1.g and 502.1.l in the Highway and Tourist Commercial Zone (C.2)

Moved by Councillor Ludwig, seconded by Councillor van Berkel that Zoning Bylaw Text Amendment Bylaw No. 1359, 2004 be given third reading and referred to the Ministry of Transportation.

Carried Unanimously

BYLAWS – Adoption

Official Community Plan Amendment Bylaw No. 1336, 2004

A bylaw to amend the text of Official Community Plan Bylaw No. 1171

Discussion: Third reading of the bylaw included the Richards’ application as suitable for residential development. The Agricultural Land Commission did not approve the application. Therefore there is a conflict in the plan. The option is there to leave as is, however this would be misleading to the public and may expose the City to legal action.

Moved by Councillor Ludwig, seconded by Councillor Wejr that third reading of Official Community Plan Amendment Bylaw No. 1336, 2004 be rescinded.

Carried Unanimously

Moved by Councillor Shipmaker, seconded by Councillor Wejr that Official Community Plan Amendment Bylaw No. 1336, 2004 be amended as follows:

1) Map Schedule “B” - change the designation of Legal Subdivision 10, Section 27, Township 18, Range 9, W6M, KDYD, except the Northerly 2.1 chains as shown on Plan B958 and Plan 26503 (Richards) back to Agriculture, and

2) Deletion of Section 25 which contains an amendment to Section 14.5 d. – Agricultural Land Use Policies

And renumber accordingly.

Carried Unanimously

Moved by Councillor van Berkel, seconded by Councillor Ludwig that Official Community Plan Amendment Bylaw No. 1336, 2004 be given third reading as amended.

Carried Unanimously

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Official Community Plan Amendment Bylaw No. 1336, 2004 be reconsidered and adopted.

Carried

REPORTS

Councillor Ludwig

Councillor Ludwig attended the “Success by 6” session hosted by the Community Resource Centre.

Councillor van Berkel

Councillor van Berkel attended the “Success by 6” session. This program is supported by BC Credit Unions, the United Way and other corporate sponsors.

Councillor Shipmaker

Councillor Shipmaker attended the Regional District Board meeting in Mayor Phillips place. He noted that the motion to contribute $90,000 from DCC’s was for other lands adjacent to the boat launch site.

The Chamber of Commerce will be dealing with the Highway issue and is working on an operating agreement with the City. An invitation to the Annual General Meeting of the Chamber of Commerce was extended to Council. It is taking place on November 22 at 6:00 p.m. at Howard Johnson’s.

Mayor Phillips

Mayor Phillips attended the Remembrance Day ceremonies at the cenotaph and the Spallumcheen Band. Both were well attended.

Administrator

In addition to the written report, the Administrator advised Council that she will be on vacation from December 2 – 7. The Treasurer will attend the December 6 meeting in her place.

Treasurer – Council Remuneration

Moved by Councillor Brookes, seconded by Councillor Vetter that the report be received and filed.

Carried Unanimously

NEW BUSINESS

Application for Development Variance Permit

That Part of Lot 1 shown on Plan B50, DL 226, ODYD, Plan 151 Except Plans B133 and KAP75600 – 189 Brickyard Road

Applicant: Central Hardware (1977) Ltd.

The Planner outlined the application and Development Services recommendations.

Moved by Councillor Shipmaker, seconded by Councillor Vetter that the request to waive the requirement for street lighting be approved.

Defeated

Moved by Councillor van Berkel, seconded by Councillor Ludwig that Council approve the deferment of the installation of underground wiring and street lighting until the property is redeveloped on the condition that the applicant register a restrictive covenant on the title of the new lot which states that upon redevelopment of the property, the owner will be required to install underground servicing and lighting meeting the requirements of the City of Enderby Subdivision and Servicing Bylaw. The Restrictive Covenant shall be registered as a Condition Precedent to subdivision approval.

Carried Unanimously

UBCM – In the House

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

Carried Unanimously

Ministry of Transportation – New Passenger Transportation Act

Moved by Councillor Brookes, seconded by Councillor Vetter that the correspondence be received and filed.

Carried Unanimously

Ministry of Transportation – Knight Avenue

Moved by Councillor van Berkel, seconded by Councillor Ludwig that staff be instructed to follow-up with the Ministry of Transportation as to their action plan promised at the UBCM Ministry meeting.

Carried Unanimously

UBCM – Update on Riparian Areas Regulation

Moved by Councillor Ludwig, seconded by Councillor van Berkel that the correspondence be received and filed.

Carried Unanimously

Electoral Area F Director – Air Quality Issues

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that this item be deferred to 2005 budget deliberation sessions.

Carried Unanimously

Draft Policy – Snow and Ice Removal

Discussion:

· The draft policy reflects the practise followed by Public Works. By placing these practises into policy it mitigates liability exposure.

· The Riverwalk falls into category 3.

· The curling rink and arena is the responsibility of Fortune Parks.

Moved by Councillor Ludwig, seconded by Councillor Wejr that the draft Snow and Ice Removal be adopted as policy.

Carried Unanimously

Open Air Market – Donation

Moved by Councillor Ludwig, seconded by Councillor van Berkel that the donation of $200 from the Open Air Market be forwarded to the Centennial Committee.

Carried Unanimously

OMMA – 2005 Convention

Moved by Councillor van Berkel, seconded by Councillor Brookes that a framed Enderby Centennial commemorative picture be purchased to donate as a door prize at the 2005 OMMA convention.

Carried Unanimously

Enderby and District Community Resource Centre – Letter of Support

Moved by Councillor Wejr, seconded by Councillor van Berkel that a letter indicating support of the Enderby Family Place Program be issued to the Minister of Children and Family Development.

Carried Unanimously

Enderby Merchants Association – Request for Street Closure

Moved by Councillor van Berkel, seconded by Councillor Ludwig that approval be issued for the following Christmas celebrations:

Closure of Cliff Avenue and Belvedere Street from 4:00 pm to 9:00 pm on Friday, December 3, 2004;

Closure of Cliff Avenue for the parade on December 4, 2004 from 10:30 am until after the parade;

Permission to hold a bonfire in the intersection of Cliff Avenue and Belvedere Street from 6:00 pm to 9:00 pm on Friday, December 3, 2004, subject to attendance of the Fire Department and cleanup of the streets following the bonfire.

Carried Unanimously

Enderby and District Lions Club – Children’s Christmas Auction

Moved by Councillor Wejr, seconded by Councillor Brookes that a gift certificate for a City bench to be delivered in the spring of 2005 be donated to the Lions Club Christmas Auction.

Carried Unanimously

CLOSED MEEETING RESOLUTION

Moved by Councillor Ludwig, seconded by Councillor Brookes 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 8:35 p.m.

______________________ _____________________

MAYOR ADMINISTRATOR