THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Regular Meeting of the Council of the District of Coldstream held Tuesday, October 14, 2008 in the Coldstream Municipal Hall 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ALSO PRESENT: Mayor Corner called the meeting to order at 7:00 pm Mayor Corner Councillors Dirk, Firman, Garlick, Malerby, Taylor, Williams W. Kay, Chief Administrative Officer K. Baggett, Municipal Clerk B. Bibby, Building Official C. Broderick, Director of Planning Services C. Lord, Director of Financial Administration M. Pethick, Operations Superintendent M. Stamhuis, Director of Engineering Services DELEGATIONS a. ALR Application No. 08-019-ALR, Lot 3, DL 57, ODYD, Plan 4895 (Except Plans 15219, 15850, 16490 & 17136), 8965/8967 Kalamalka Road (Hartwig) There were no persons wishing to speak to this matter. b. Zoning Application No. 08-015-ZON, Lot 2, KAP70594 and Lot 2, KAP72201, Highway 6, West of Aberdeen Road Letter from Trintec Enterprises Inc., dated October 3, 2008 Norm Brenner, representing Trintec Enterprises Inc., spoke in favour of the application and asked the Mayor to reconsider the matter. Mr. Brenner wanted to clarify that the proposed apartment portion of the development, are actually condominiums intended to be sold and not intended as managed rental units. Mr. Brenner also explained that given the large size of the property (16 acres), it has been very difficult to create a comprehensive commercial development. Most commercial buyers want a smaller parcel. By using six of the 16 available acres for the proposed residential development, the remaining 10 acre parcel will be much more attractive for purchase for a commercial use.
October 14, 2008 Page 2 Mr. Brenner has also received feed back that the there is a need for residential development that caters to seniors and younger people entering the real estate market. Mr. Brenner stated that this development will provide the affordability that is required by these two demographics. Also, by bringing in more population to the area, there is a greater incentive for commercial development within the community. The proposed development meets the goals outlined in Coldstream s Official Community Plan and incorporates SmartGrowth Principles. Mr. Rick Jones, Architect for Trintec, advised Council that design drawings had not been completed to date, only conceptual drawings. c. Sewer Fees Letter from Murdy and McAllister, dated July 3, 2007 Gyula Kiss of 12601 Kidston Road, expressed his concern that the letter from Murdy and McAllister, dated July 3, 2007, was released to discredit his request for a forensic audit of the way the Kalamalka sewer extension was managed. Mr. Kiss explained that his request was not a frivolous use of taxpayer money. Mr. Kiss expected that the District would have hired an independent auditor, rather than using the District Auditor, to answer his concerns. Mr. Kiss also noted he was never contacted by the investigating auditor or lawyer with respect to his request. Mr. Kiss agreed that the option chosen by the District to fund the Kalamalka Sewer extension was legal, but it was not the only option available to the District and, in his opinion the option chosen was not the fairest option to the taxpayers of the District. 1. APPROVAL OF AGENDA Moved by Garlick, seconded by Malerby, THAT the agenda for the Regular Meeting of the Council of the District of Coldstream, be approved with the following addition under New Business: 9.a. No. REG2008-0416 Purchase of Meter Reading Program and Handheld Water Meter Readers 2. PUBLIC OPPORTUNITY TO ADDRESS COUNCIL a. New Fire Halls John Hegler of 11605 Harper Drive, enquired as to why the new fire halls were constructed without a sprinkler system.
October 14, 2008 Page 3 The Building Official explained that British Columbia Building Code bases their requirement for a sprinkler system to be installed on the size and use of the building. The two new fire halls do not meet the criteria of being large enough to require a sprinkler system; therefore, the sprinkler system was not installed. b. Water Odour Gyula Kiss of 12601 Kidston Road, expressed his concern regarding the safety of the water coming from Duteau Creek. Mr. Kiss is concerned that the higher than normal levels of chloroform in some of the test sites, may be harmful. The Director of Engineering Services explained that while chloroform levels were detected as higher than normal at some of the test sites, the Interior Health Authority has confirmed that the levels found pose no significant harm to the population. The Director of Engineering Services explained that the new Duteau Treatment facility is expected to reduce the chloroform found in the water. 3. ADOPTION OF MINUTES a. Adoption of the Regular Meeting Minutes of Council, held Monday, September 22, 2008 Moved by Garlick, seconded by Malerby, THAT the minutes of a Regular Meeting of Council, held Monday, September 22, 2008, be adopted as circulated. No. REG2008-0417 b. Receipt of the Minutes of the Advisory Planning Commission Meeting, held Thursday, September 11, 2008 Moved by Garlick, seconded by Malerby, THAT the minutes of the Advisory Planning Commission Meeting, held Thursday, September 11, 2008, and the recommendations contained therein, be received for information. No. REG2008-0418
October 14, 2008 Page 4 4. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER a. Planning and Development (1) ALR Application No. 08-019-ALR, Lot 3, DL 57, ODYD, Plan 4895 (Except Plans 15219, 15850, 16490 & 17136), 8965/8967 Kalamalka Road (Hartwig) Report from the Director of Development Services, dated September 25, 2008 Moved by Malerby, seconded by Williams, THAT the report from the Director of Development Services, dated September 25, 2008, regarding ALR Application No. 08-019-ALR, Lot 3, DL 57, ODYD, Plan 4895 (Except Plans 15219, 15850, 16490 & 17136), 8965/8967 Kalamalka Road (Hartwig), be received; AND THAT ALR Application 08-019-ALR (Hartwig), be forwarded to the Provincial Agricultural Land Commission (ALC) for their adjudication; AND THAT a condition of any subsequent subdivision application of Lot 3, DL 57, ODYD, Plan 4895 (Except Plans 15219, 15850, 16490 & 17136), related to ALR Application No. 08-019-ALR, be to restrict the construction of residential buildings and accessory buildings to a farm home site, along the frontage of Kalamalka Road, of not more than 0.4 hectares (1 acre); AND THAT staff forward research information regarding farm home plates to the Agricultural Advisory Committee for discussion and consideration at a future meeting; AND FURTHER THAT staff be directed to amend the Official Community Plan (OCP) to exclude ALR lands from the 1-ha minimum parcel size for on-site septic. No. REG2008-0419 with Councillor Firman opposed
October 14, 2008 Page 5 b. Engineering and Public Works (1) Grant Application Re: Spray Effluent Evaporation System City of Vernon to Okanagan Water Board Report from the Director of Engineering Services, dated September 18, 2008 Moved by Dirk, seconded by Garlick, THAT the report from the Director of Engineering Services, dated September 18, 2008, regarding Grant Application Re: Spray Effluent Evaporation System City of Vernon to Okanagan Water Board, be received for information. No. REG2008-0420 c. Finance d. Building and Bylaw Enforcement (1) Building Inspector s Report for the Month of September 2008 Report from the Building Official, dated October 6, 2008 Moved by Williams, seconded by Garlick, THAT the report from the Building Official, dated October 6, 2008, regarding Building Inspector s Report for the Month of September 2008, be received for information. No. REG2008-0421 As per Section 100(2) of the Community Charter, Councillor Firman stated he believes that he is not entitled to participate in the discussion on the following matter, nor to vote on a question in respect of the matter, because his property borders the property at 9104 Mackie Drive, Lot A, Plan 19127. Councillor Firman left the meeting at 8:19 pm. (2) Riparian Areas Assessment, 9104 Mackie Drive, Lot A, Plan 19127 Report from the Building Official, dated October 6, 2008 Moved by Malerby, seconded by Williams, THAT the report from the Building Official, dated October 6, 2008, regarding Riparian Areas Assessment, 9104 Mackie Drive, Lot A, Plan 19127, be received;
October 14, 2008 Page 6 AND THAT Council provide a letter of support with respect to a variance required for 9104 Mackie Drive, to vary the SPEA boundary on the aforementioned property, to be submitted to the Province, as per the Riparian Areas Regulation; AND FURTHER THAT a Watercourse Development Permit be issued upon final approval through the Riparian Areas Regulation. NO. REG2008-0422 e. Fire Department f. Administration Councillor Firman returned to the table at 8:22 pm. 5. UNFINISHED BUSINESS a. Outstanding Business List Outstanding Business List, dated October 9, 2008 There were no issues identified for discussion 6. CORRESPONDENCE a. Request for Special Burning Permit Letter from Javed Ali, dated October 8, 2008 Moved by Firman, seconded by Garlick, THAT a Special Burning Permit be issued to the property owner of 6126 Learmouth Road. No. REG2008-0423 with Councillor Malerby opposed
October 14, 2008 Page 7 b. Request for Special Burning Permit Letter from Rajwinder Rajan, dated October 1, 2008 Moved by Firman, seconded by Garlick, THAT a Special Burning Permit be issued to the property owner of 6710 Cosens Bay Road. No. REG2008-0424 with Councillor Malerby opposed Councillor Garlick requested that the District of Coldstream Burning Bylaw be brought forward to Council for review and discussion. c. Moved by Garlick, seconded by Malerby, THAT the following items be received for information: (1) Trintec Enterprises Rezoning Application Email from Angie Kitcher, dated September 26, 2008 (2) Coldstream Fire Hall Press Release Email from Angie Kitcher, dated September 24, 2008 (3) 2008 Terry Fox Run Thank You to Gord McKay Thank You Card from Heather Acob, dated September 20, 2008 (4) Regional District of North Okanagan Procedure Bylaw No. 2340 Letter from the City of Vernon, dated September 29, 2008 No. REG2008-0425 d. Tourism/Economic Development Service Repeal Bylaw No. 2351, 2008 Letter from the Regional District of North Okanagan, dated September 25, 2008 Moved by Dirk, seconded by Malerby, THAT the letter from the Regional District of North Okanagan, dated September 25, 2008, regarding Tourism/Economic Development Service Repeal Bylaw No. 2351, 2008, be received; AND THAT pursuant to the provisions of Section 801.4 (Consent on behalf of municipal participating area) of the Local Government Act, the Council of the Corporation of the District of Coldstream does hereby consent, on behalf of the electors of the District of Coldstream, to the Board of the Regional District of North Okanagan adopting the following bylaw:
October 14, 2008 Page 8 Tourism/Economic Development Service Repeal Bylaw No. 2351, 2008 to repeal Tourism/Economic Development Service Conversion and Establishment Bylaw No. 943, 1991 and all amending bylaws made thereto, which bylaw converted the function of Division XLVII Tourism/Economic Development granted to the Regional District of North Okanagan by Supplementary Letters Patent dated March 28, 1989 to the Local Service of Tourism/Economic Development for the participating areas being the District of Coldstream, City of Vernon, and Electoral Areas B and C. No. REG2008-0426 e. Okanagan Airshed Coalition Towards an Okanagan & Similkameen Valley Air Quality Management Plan Letter from the Regional District of North Okanagan, dated September 10, 2008 Moved by Taylor, seconded by Garlick, THAT the letter from the Regional District of North Okanagan, dated September 10, 2008, regarding Okanagan Airshed Coalition Towards and Okanagan & Similkameen Valley Air Quality Management Plan, be received; AND THAT a letter be sent to the Okanagan Airshed Coalition requesting they allow a representative from the Council of the District of Coldstream to participate on the Okanagan Airshed Coalition Committee; AND THAT the following comments be forwarded to the Okanagan Airshed Coalition with respect to their report entitled Towards an Okanagan & Similkameen Valley Air Quality Management Plan as follows: a. What is the funding formula and how are costs allocated? b. If a community wishes to withdraw from the program, what are the procedures? c. What safeguards are in place to keep communities committed to valley-wide membership?
October 14, 2008 Page 9 AND FURTHER THAT a representative from the Okanagan Airshed Coalition be invited to a future meeting of Council to provide a presentation outlining the Okanagan and Similkameen Valley Air Quality Management Plan. No. REG2008-0427 f. Moved by Dirk, seconded by Williams, THAT the following items be received for information: (1) Gallery Vertigo Request for Operating Funds for the 2008-2009 Fiscal Year Letter from Gallery Vertigo, dated September 30, 2008 (2) The Future of WiMax in Canada Conference Letter from the Strategy Institute, dated September 23, 2008 (3) Merrit s Santa Parade Letter from the City of Merritt, dated October 2, 2008 (4) Water Odour at 7502 Giles Road Letter from the Regional District of North Okanagan, dated September 30, 2008 (5) 16 th Annual Non-Profit Housing Conference Conference Package received September 16, 2008 (6) 2008-2009 UBCM Executive Notice from the Union of British Columbia Municipalities, dated October 1, 2008 (7) BC Communities in Bloom Award Winners Email from BC Communities in Bloom, dated October 7, 2008 (8) Crime Prevention Week, November 1 to 7, 2008 Letter from the BC Crime Prevention Association, received September 17, 2008 No. REG2008-0428 7. REPORTS OF COMMITTEES AND COMMISSIONS a. Councillor Dirk (1) Fire Department Liaison
October 14, 2008 Page 10 b. Councillor Firman c. Councillor Garlick (1) Advisory Planning Commission (2) Agriculture Advisory Committee Councillor Garlick reported that the next meeting will be on October 22, 2008 at 7:00 pm. (3) Public Works Facility Committee d. Councillor Malerby (1) Okanagan Regional Library Minutes of a Regular Meeting of the Okanagan Regional Library Board, held September 17, 2008 (2) Traffic Safety Committee (3) Fire Halls Building Committee (4) 2008 Union of British Columbia Municipalities Convention Report submitted by Mayor Corner, Councillors Malerby and Taylor, dated for reference, October 1, 2008 e. Councillor Taylor (1) Regional District of North Okanagan (2) Okanagan Basin Water Board Okanagan Basin Water Board Report, dated October 7, 2008 (3) Public Works Facility Committee The concrete foundation is now completed and the building is expected to arrive later this week. Early next week, construction on the building will commence. (4) Fire Halls Building Committee Councillor Taylor reported that he attended the Open House held at the Coldstream Fire Hall on October 9, 2008. He heard many positive comments from attendees and, although he was unable to attend the Open House for the Lavington Fire Hall, he also heard positive feedback regarding the new Fire Hall there.
October 14, 2008 Page 11 f. Councillor Williams g. Mayor Corner (1) Regional District of the North Okanagan (2) Meeting with Minister of Transportation Mayor Corner reported that he and Councillors Taylor and Malerby, met with Minister Falcon at the recent Union of British Columbia Municipalities Convention with regard to upgrading Highway 6. Minister Falcon confirmed that the project has been moved up on the priority list, however, it is still not a top priority for the Ministry. Mayor Corner further explained that the Province is partnering with the Federal Government on several road projects and therefore, the provincial focus is on major highways, such as Highway 97, as opposed to secondary highways. Councillor Taylor reported that the RTAC (Regional Transportation Advisory Committee) did not support the realignment of Highway 6 at this time, but did recommend paving improvements, which were completed in 2008. 8. BYLAWS a. District of Coldstream Tax Exemption Bylaw No. 1536, 2008 Bylaw No. 1536 A bylaw to exempt certain properties from taxation on land and improvements for the year 2009 FINAL ADOPTION Moved by Williams, seconded by Garlick, THAT District of Coldstream Tax Exemption Bylaw No. 1536, 2008, be passed and finally adopted. No. REG2008-0429
October 14, 2008 Page 12 b. District of Coldstream Emergency Program Bylaw No. 1537, 2008 Joint Emergency Preparedness Agreement between the District of Coldstream and the City of Vernon Bylaw No. 1537 A bylaw to develop and implement plans for emergencies and disasters in the District pursuant to the Emergency Program Act, R.S.B.C. 1996, c. 111 FIRST READING Moved by Garlick, seconded by Dirk, THAT authorization be given to hereby sign the agreement between the District of Coldstream and the City of Vernon for a Joint Emergency Preparedness Function, to expire on June 30, 2012; AND THAT District of Coldstream Emergency Program Bylaw No. 1537, 2008, be read a first time by title only. No. REG2008-0430 SECOND READING Moved by Taylor, seconded by Williams, THAT District of Coldstream Emergency Program Bylaw No. 1537, 2008, be read a second time by title only. No. REG2008-0431 THIRD READING Moved by Malerby, seconded by Garlick, THAT District of Coldstream Emergency Program Bylaw No. 1537, 2008, be read a third time by title only. No. REG2008-0432
October 14, 2008 Page 13 9. NEW BUSINESS a. Purchase of Meter Reading Program and Handheld Water Meter Readers Document circulated at Budget Meeting Moved by Taylor, seconded by Dirk, THAT Council approve an early budget request for the purchase of a Meter Reading Program and Handheld Water Meter Readers in the amount of $25,000.00, with the funds to be taken from the current year s surplus account. No. REG2008-0433 10. RESOLUTION TO ADJOURN TO IN-CAMERA Moved by Dirk, seconded by Garlick, THAT Council to adjourn to an In-Camera meeting to discuss issues related to: Section 90(1)(b) of the Community Charter; Section (90)(1)(c) of the Community Charter; Section 90(1)(k) of the Community Charter; Section 90(1)(m) of the Community Charter. No. REG2008-0434 The Regular Meeting of Council adjourned at 8:42 pm. The Regular Meeting of Council reconvened at 9:48 pm.
October 14, 2008 Page 14 11. ADJOURNMENT Moved by Malerby, seconded by Dirk, THAT the Regular Meeting of Council, held Tuesday, October 14, 2008, be adjourned. No. REG2008-0435 The Regular Meeting of Council adjourned at 9:49 pm. CERTIFIED CORRECT Municipal Clerk Mayor