THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Tuesday, September 4, 2007 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 Earl Shipmaker
Councillor Tony Vetter

Deputy Administrative Officer Geri Ferguson
Public Works Superintendent Darwyn Kutney
Recording Secretary Bettyann Kennedy
The Press and Public

APPROVAL OF AGENDA

The following items were added to the agenda under New Business:
- 10 x 10 Challenge
- Report of Supplier Payments Issued in June, 2007 Re: Refund of Water Meter Installation

Moved by Councillor Ludwig, seconded by Councillor Vetter that the agenda be approved as amended.
Carried Unanimously

ADOPTION OF MINUTES

Regular Meeting of August 13, 2007

Moved by Councillor Shipmaker, seconded by Councillor Case that the minutes of the regular meeting of August 13, 2007 be adopted as circulated.
Carried Unanimously

PUBLIC AND STATUTORY HEARINGS

Development Variance Application No. 07-0554-END-DVP
1706 Kate Street / 405 Kildonan Avenue
Applicants: Rudolph & Anne-Marie Schneider and Caroline Dacyk

There were no written submissions received. Members of the public were invited to speak. There were no respondents.

DELEGATIONS

Pat Luscombe, Chief Building Inspector - NORD
Re: Building Permit Penalty Fees

Mr. Luscombe reviewed a proposed bylaw amendment to increase the penalty fee for commencing building without permits:
- Cost of enforcement often exceeds penalty;
- Larger developments would experience an increase in penalty fees;
- Current penalty is not adequate to dissuade large developers from building without permits;
- Penalty fees would be based on construction value, thus no change for small projects, but a considerable increase for large developments;
- Maximum penalty would increase from $1,000 to $15,000.
In response to questions, Mr. Luscombe explained that the penalty fee is conditional on a stop work order being placed on the project. Therefore, unknowingly building without permits would not necessarily result in the assessment of the penalty if adherence to the requirements were rectified right away. The developer has the ability to appeal the penalty through the courts.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Building Permit Penalty Fees

Moved by Councillor Case, seconded by Councillor Ludwig that Council agree to allow for amendments to the penalty fee structure of the current Building Bylaw, as noted in the report gone forward to the Electoral Area Services Committee, to go forward to the next scheduled meeting of the Regional Board.
Carried

Development Variance Permit Application No. 07-0554-END_DVP
1706 Kate Street / 405 Kildonan Avenue
Applicants: Rudolph & Anne-Marie Schneider and Caroline Dacyk

Moved by Councillor Ludwig, seconded by Councillor Case that Council approve the issuance of a Development Variance Permit for the properties legally described as the Easterly 60' of Lot 1, measured along the Northerly and Southerly boundaries of said lot, DL 150, K(formerly O)DYD, Plan 18593 AND Lot 1, DL 150, K(formerly O)DYD, Plan 18593, except the Easterly 60' located at 1706 Kate Street and 405 Kildonan Avenue to vary the following:

- Section 5 of Schedule 'A' and Schedule 'B” by waiving the requirement for storm drainage on both lots subject to the provision of on-site stormwater retention that meets the approval of the Public Works Superintendent; and
- Section 2.3.7 of Schedule 'A' and Schedule 'B' by waiving the requirement to provide a sidewalk; and
- Section 6 of Schedule 'A” and Schedule 'B' by waiving the requirement to provide ornamental street lighting; and
- Section 7.3 and 7.4 of Schedule 'A' and Schedule 'B' by waiving the requirement to provide underground servicing (wiring).

Carried Unanimously

Parking of Hwy 97A
o RCMP correspondence dated August 14, 2007
- ICBC correspondence dated August 16, 2007
- Public Works Superintendent correspondence to Ministry of Transportation dated August 28, 2007

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

REPORTS

Councillor Case

Councillor Case attended a 2010 Legacies Now meeting.

Councillor Cyr

Councillor Cyr reported that a flat screen television and mini stereo have been obtained for the palliative care room. Twice but Nice, the Manger of the facility and the North Valley Echo will hopefully work together to increase awareness for the palliative care room.

Councillor Shipmaker

Enderby/Area F Services Committee meeting on the master parks plan involved discussions that developers be required to provide 5% land or cash plus DCC charges for parks. Administrator should make sure the review of the Subdivision Servicing and Development Bylaw reflects this requirement.

Financial Position to June 30, 2007 and July 31, 2007

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

Disclosure of Contracts with Council Members and Former Council Members

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

Council Directives Tracking Form - to August 22, 2007

Councillor Vetter questioned when new website would be addressed. Council has been encouraged to provide input. Some options are being investigated.

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

NEW BUSINESS

Public Works Superintendent - Memo dated August 7, 2007
Re: Road Use Permit

The Public Works Superintendent reported that the Road Use Permit has been modelled on policy of other municipalities. It is designed to protect the City from liability issues.

Moved by Councillor Ludwig, seconded by Councillor Cyr that the report from the Public Works Superintendent be accepted as presented;
AND THAT the Road Use Permit be adopted as a City Policy;
AND FURTHER that the Road Use Permit Policy be linked to the Subdivision Servicing and Development Bylaw.
Carried Unanimously

Smart Growth BC - Correspondence dated August 7, 2007
Re: Agricultural Land Reserve: Legal Review

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

Regional District of North Okanagan - e-mail dated August 10, 2007
Re: Grant Request for 2008 Ford Women's Curling Championship

Moved by Councillor Case, seconded by Councillor Ludwig that this item be referred to 2008 budget deliberations.
Carried Unanimously

Squamish-Lillooet Regional District - Correspondence dated August 1, 2007
Re: Fuel Management Projects

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

Jacob and Pia Ypma - Correspondence dated August 12, 2007
Re: Request to Extend Johnston Avenue

The Public Works Superintendent, upon question, reported that he did not encourage granting of this request. Any road extensions should be “development driven” with costs to be incurred by the developer.

The Deputy Corporate Officer also noted that the Roads Inventory Report does not address this portion of the street, nor does the Official Community Plan.

Moved by Councillor Cyr, seconded by Councillor Case that Council not approve the request to extend Johnson Avenue.
Carried Unanimously

UBCM - Information Bulletin received August 12, 2007
Re: Canada/BC Municipal Rural Infrastructure Fund: Program Status Update

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

Ministry of Community Services - Correspondence dated August 20, 2007
Re: Asia Pacific Initiative

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

Enderby in Bloom - Correspondence dated August 13, 2007
Re: Funding Available to City for Tree Planting

Moved by Councillor Cyr, seconded by Councillor Ludwig that the Public Works Superintendent discuss location and type of trees with Enderby in Bloom.
Carried Unanimously

Smartgrowth BC - Correspondence dated August 17, 2007
Re: 2006 Annual Report

Moved by Councillor Shipmaker, seconded by Councillor Vetter that the correspondence be received and filed.
Carried Unanimously

North Enderby Residents Association - Correspondence dated August 22, 2007
Re: Picnic Tables for Park at Enderby-Grindrod Road and Inch Logan Road

The Public Works Superintendent reported that each table would cost $1,040 (cost of supplies $770 plus installation of $270). The North Enderby Residents Association is planning on having ceremonies at the park on November 11th.

One table is to be donated and a second will be made available for sale to the North Enderby Residents Association.

Moved by Councillor Vetter, seconded by Councillor Ludwig that the City donate and install by November 11, 2007 one picnic table to the North Enderby Residents Association at a cost of $1,040 to be funded from the Executive Sundry account.
Carried Unanimously

BC Chamber of Commerce, BC Restaurant & Food Service Association, BC & Yukon Hotel's Association, Canadian Federation of Independent Business - Correspondence dated August 27, 2007
Re: Single Business License Initiative

Moved by Councillor Vetter, seconded by Councillor Shipmaker that the correspondence be received and filed.
Carried Unanimously

Historic O'Keefe Ranch - Correspondence dated August 29, 2007
Re: Request for Tourism Funds

Moved by Councillor Ludwig, seconded by Councillor Vetter that the City does not approve the grant request from the Historic O'Keefe Ranch.
Carried Unanimously

Minister of Community Services - Correspondence dated August 29, 2007
Re: Unable to Meet During UBCM Convention

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

10 x 10 Challenge

Councillor Case attended a 2010 Legacies Now meeting and reported that the 10 x 10 Challenge is at the second stage and are working towards hiring a consultant coordinator. The coordinator will be paid only if grants are approved.

Moved by Councillor Case, seconded by Councillor Vetter that the City of Enderby join the 10 x 10 Challenge and work with the Minister's Council on Employment for Persons with Disabilities to help meet the target of increasing employment for persons with disabilities by 10% by 2010.
Carried Unanimously

Report of Supplier Payments Issued in June 2007
Re: Refund of Water Meter Installation

Councillor Vetter expressed concern over reimbursement made to Ms. Drydyk for water meter installation and requested that the item be reintroduced for discussion. Mayor Phillips read aloud the June 4, 2007 motion deferring the decision to reconnect service pending outcome of Canada-BC municipal Rural Infrastructure (Water) Funding grant applications.

Discussion:
- The Deputy Corporate Officer provided a brief background on the water connection, the default in payment, and the resulting installation of a meter.
- As this was an existing connection and not a new one, Councillor Vetter questioned why we didn't just reconnect once payment was received.
- Councillor Vetter stated that reconnection of the water will enable the City to recover the costs of the water meter installation.
- Councillor Shipmaker stated that a detailed explanation is required, as Council was not made aware that a meter was being installed on the property.
- The Deputy Corporate Officer stated that as she is not sure of the legal procedures in handling an item from a previous meeting, she recommends postponing a decision to ensure that proper procedures are followed.

Moved by Councillor Ludwig, seconded by Councillor Councillor Cyr that the issue of requested water service at 228 West Enderby Road be reintroduced for discussion.

Moved by Councillor Ludwig, seconded by Councillor Cyr that the issue be postponed pending clarification of the process of reconsideration.
Carried Unanimously

CLOSED MEETING RESOLUTION

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

ADJOURNMENT

The regular meeting adjourned at 7:40 p.m.






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MAYOR ADMINISTRATOR