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Home My Public Portal AboutRegular Open Council - 09 Dec 2013 - Agenda - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, DECEMBER 9, 2013 AT 7:00 PM Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA 1. Adoption C. ADOPTION OF PRIOR MINUTES 5 - 10 1. Minutes of the November 25, 2013 Regular meeting D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 11 - 13 1. Minutes of the November 25, 2013 Committee of the Whole meeting 2. Verbal report from the Chairperson of the December 9, 2013 Committee of the Whole meeting F. WATER MATTERS 15 1. Osoyoos Indian Band Bulk Water Fee Amendment Bylaw 1332.01 - For adoption - Bylaw attached 17 2. Oliver Water Parcel Tax Amendment Bylaw 1333.01 - For adoption - Bylaw attached 19 - 26 3. Water User Fees Amendment Bylaw 1346 - For adoption - Bylaw attached 27 - 29 4. Rural Water Taxation Bylaw 1347 - For adoption - Bylaw attached G. DELEGATIONS & PETITIONS 1. Letter of Support Request from Dwight Brown Regular Open Council of December 9, 2013 Re: Provincial Governments future plans for the ALR 2. Presentation by Beth Garrish and Tony Munday - Update on Oliver Tourism Association H. DEVELOPMENT PERMIT/VARIANCE HEARINGS I. BYLAWS J. BUSINESS 31 - 34 1. 2014 Committee Appointments - Deputy Corporate Officer's report attached 35 - 44 2. Regional Growth Strategy - Appointment of Technical Advisory Committee Member - Municipal Manager's report attached 45 - 48 3. System No.2 Chlorination Upgrade - Engineer's report attached K. CORRESPONDENCE 49 - 52 1. Correspondence Report - Corporate Officer's report attached L. REPORTS 53 1. Oliver Fire Department Report for the month of November 2013 - report attached 55 2. Oliver Building Permit Report for the month of November 2013 - report attached 3. Water Councillor Machial 4. Councillor Schwartzenberger 5. Councillor Doerr 6. Councillor Mattes 7. Councillor Bennest 8. Water Councillor Miller 9. Mayor Hovanes M. UPCOMING MEETINGS 1. Monday, December 23, 2013 - Meeting cancelled Page 2 of 55 Regular Open Council of December 9, 2013 Monday, January 13, 2014 - 4:00 pm - Committee of the Whole Meeting Monday, January 13, 2014 - 7:00 pm - Regular Meeting Monday, January 27, 2014 - 4:00 pm - Committee of the Whole Meeting Monday, January 27, 2014 - 7:00 pm - Regular Meeting N. PUBLIC QUESTION PERIOD This is an opportunity for the audience to ask questions regarding matters discussed during the current meeting. O. ADJOURNMENT 1. Adjournment Page 3 of 55 Page 4 of 55 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, NOVEMBER 25, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Doerr, Bennest, Mattes and Schwartzenberger Water Councillors Miller and Machial Staff: T. Szalay, Municipal Manager L. Schultz, Deputy Corporate Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:01 pm B ADOPTION OF AGENDA R-290/13 It was MOVED and SECONDED That the agenda be adopted as circulated. CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of November 12, 2013 Regular meeting R-291/13 It was MOVED and SECONDED That the minutes of the November 12, 2013 Regular meeting be adopted as circulated CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E COMMITTEE REPORTS E-1 Minutes of November 12, 2013 Committee of the Whole meeting R-292/13 It was MOVED and SECONDED That the minutes of the November 12, 2013 Committee of the Whole meeting be received as presented. CARRIED ITEM C. - 1. Page 5 of 55 Regular Open Minutes of November 25, 2013 E-2 Minutes of November 18, 2013 Committee of the Whole meeting R-293/13 It was MOVED and SECONDED That the minutes of the November 18, 2013 Committee of the Whole meeting be received as amended. CARRIED E-3 Verbal report from the Chairperson of the November 25, 2013 Committee of the Whole meeting. Councillor Doerr gave a verbal report on the Committee of the Whole meeting held earlier in the day F WATER MATTERS F-1 Osoyoos Indian Band Bulk Water Fee Amendment Bylaw 1332.01 The Municipal Manager provided a verbal update on the budget meetings held earlier in the month. R-294/13 It was MOVED and SECONDED That the Osoyoos Indian Band Bulk Water Fee Amendment Bylaw 1332.01 be read a first, second and third time. CARRIED UNANIMOULSY F-2 Oliver Water Parcel Tax Amendment Bylaw 1333.01 R-295/13 It was MOVED and SECONDED That Oliver Water Parcel Tax Amendment Bylaw 1333.01 be read a first, second and third time CARRIED UNANIMOUSLY F-3 Water User Fees Amendment Bylaw 1346 R-296/13 It was MOVED and SECONDED That Water User Fees Amendment Bylaw 1346 be read a first, second and third time. CARRIED UNANIMOUSLY ITEM C. - 1. Page 6 of 55 Regular Open Minutes of November 25, 2013 Councillor Machial advised that he is voting for the bylaw, however still feels that the budget is too high. Not in favor of the decision. F-4 Rural Water Taxation Bylaw 1347 R-297/13 It was MOVED and SECONDED That Rural Water Taxation Bylaw 1347 be read a first, second and third time. CARRIED UNANIMOUSLY F-5 Water Quality Summary Report for September 2013 R-298/13 It was MOVED and SECONDED That the Water Quality Report for the month of September 2013 be received. CARRIED G DELEGATIONS & PETITIONS None H DEVELOPMENT PERMIT/VARIANCE HEARINGS H-1 Development Permit with Variances Address: 6055 Lane East of Main Street - The Municipal Manager summarized the Planner’s report R-299/13 It was MOVED and SECONDED THAT Council approve Development Permit No. 2013-05, including the following variances to the Town of Oliver Zoning Bylaw No. 1330: i) reducing the interior side parcel line setback requirement for a building or structure in the Industrial Transition (M1) Zone under Section 33.12.3, from 3.5 metres to 2.2 metres, and ii) reducing the exterior side parcel line setback requirement for a building or structure in the Industrial Transition (M1) Zone under Section 33.15, from 4.5 metres to 1.0 metre. THAT the landscaping to be provided on the land be in general accordance with Schedule ‘2’; AND THAT, prior to issuance of Development Permit No. 2013-05, the applicant be required to post with the Town of Oliver a landscape performance ITEM C. - 1. Page 7 of 55 Regular Open Minutes of November 25, 2013 security deposit in the amount of 115% of the estimated value of the landscaping, in accordance with Schedule ‘3’, as determined by a qualified professional. CARRIED I BYLAWS I-1 Sewer Bylaws - Verbal update by Municipal Manager that as there is no increase to fees new sewer bylaws will not be required for 2014. J BUSINESS J-1 Emergency and Protective Services Liaison Mayor Hovanes advised that Councillor Schwartzenberger has been appointed as liaison of the Emergency and Protective Services to replace Councillor Larson and that Councillor Mattes remain the alternate. J-2 2014 Council Meeting Schedule Council was provided a draft schedule of meetings for 2014 reflecting past practices of Council. Staff to advertise meeting schedule as required. Council agreed to cancel the August 11th and December 22nd, 2014 meetings. J-3 Recycle Incentives Agreement with MMBC - Municipal Manager summarized his report R-300/13 It was MOVED and SECONDED That the signing officers be authorized to execute a contract with Multi- Materials BC for collection of printed paper and packaging materials for recycling, generally in the form of the draft agreement circulated with the Municipal Manager’s report dated November 20, 2013. CARRIED K CORRESPONDENCE K-1 Correspondence Report - Corporate Officer's report attached a) Email dated November 9, 2013 from R. Bruce re: Polling Stations for Special Voting ITEM C. - 1. Page 8 of 55 Regular Open Minutes of November 25, 2013 A discussion ensued and Council advised that there is no desire from Council to take away these polling stations. Council asked that Ms. Bruce be advised of this. K-2 Correspondence in the Council Reading File R-301/13 It was MOVED and SECONDED That the Council Reading File Correspondence be received. CARRIED L REPORTS L-1 Water Councillor Miller • Water & Sewer Budget meetings • Today’s meetings L-2 Water Councillor Machial • Water & Sewer Budget meetings • Today’s meetings L-3 Councillor Schwartzenberger • Water & Sewer Budget meeting • Fire Department Budget meeting • Rotary – Highway to Healing Launch L-4 Councillor Doerr • Water & Sewer Budget meetings • Okanagan Similkameen Healthy Living Coalition workshop • Desert Valley Hospice Wine & Cheese • Rotary – Highway to Healing Launch • Okanagan Regional Library meeting - Kelowna L-5 Councillor Mattes • Water & Sewer Budget meetings • Parks and Recreation Budget meeting L-6 Councillor Bennest • Rotary – Highway to Healing Launch • Water & Sewer Budget meetings ITEM C. - 1. Page 9 of 55 Regular Open Minutes of November 25, 2013 L-7 Mayor Hovanes • McIntyre Passing Lanes Completion Photo • RDOS • Okanagan Similkameen Healthy Living Coalition workshop • Desert Valley Hospice Wine and Cheese Fundraiser • Water & Sewer Budget meetings • RDOS Water Workshop • Rotary - Highway to Healing Launch • Lunch at United Church Soup Kitchen M UPCOMING MEETINGS Monday, December 9, 2013 4:00 pm - Committee of the Whole Meeting Monday, December 9, 2013 7:00 pm - Regular Meeting N PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. O ADJOURNMENT R-302/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:42 pm CERTIFIED AS CORRECT Mayor Deputy Corporate Officer ITEM C. - 1. Page 10 of 55 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, NOVEMBER 25, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson Doerr Mayor Hovanes Councillors Bennest, Mattes and Schwartzenberger Water Councillors Miller and Machial Staff: T. Szalay, Municipal Manager C. Garrish, Planner L. Schultz, Deputy Corporate Officer A CALL TO ORDER Councillor Doerr, Chair, called the meeting to order at 4:02 pm B ADOPTION OF AGENDA CW-126/13 It was MOVED and SECONDED That the agenda be adopted as circulated. CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of November 12, 2013 Committee of the Whole meeting. CW-127/13 It was MOVED and SECONDED That the minutes of the November 12, 2013 Committee of the Whole meeting be adopted as circulated CARRIED C-2 Minutes of November 18, 2013 Committee of the Whole meeting CW-128/13 It was MOVED and SECONDED That the minutes of the November 18, 2013 Committee of the Whole meeting be adopted as amended by: • Adding - Miller/Machial Opposed to resolution CW-123/13 CARRIED ITEM E. - 1. Page 11 of 55 Committee of the Whole meeting minutes of November 25, 2013 D BUSINESS ARISING OUT OF PRIOR MINUTES None E WATER MATTERS None F DELEGATIONS F-1 Presentation by Ivy George Ms. George advised Council: - She has 3 dogs living at her residence - One dog is owned, registered and micro chipped to her son who lives in Calgary and is unable to have the dog at this time. - Dog is a small sized 8.5 years old beagle - She does own two dogs but the third dog is owned by her son, who pays all bills for the dog. - Asked Council if they would look at the bylaw and allow her to have the 3rd dog. A discussion ensued and Ms. George was advised that there was some clarification required on Schedule C of the bylaw and that staff would be in contact with her once clarified. G BYLAWS None H BUSINESS H-1 CW-129/13 Demographic Trends & Growth Management Under the OCP - The Planner summarized his report It was MOVED and SECONDED That the Demographic Trends and Growth Management Under the OCP report be received. CARRIED H-2 Discussion on DP 2013 - 05 - Refer to Item H-1 of the Regular agenda The Planner summarized the Development Permit 2013-05 report going to the regular council meeting later in the day. The applicant asked Council to consider closing the lane and apportioning the land to the owners. ITEM E. - 1. Page 12 of 55 Committee of the Whole meeting minutes of November 25, 2013 H-3 Parks and Recreation and Heritage Society Budgets at RDOS A discussion ensued on budgets at RDOS CW-130/13 It was MOVED and SECONDED That Council does not support cuts to either the Parks & Recreation or Heritage budgets as presented in order to fund the Venables Theatre operations. CARRIED I PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. J ADJOURNMENT CW-131/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 5:03 pm CERTIFIED AS CORRECT Chairperson Deputy Corporate Officer ITEM E. - 1. Page 13 of 55 Page 14 of 55 TOWN OF OLIVER BYLAW 1332.01 A bylaw to amend Osoyoos Indian Band Bulk Water Fee Bylaw 1332. WHEREAS Council has established “Osoyoos Indian Band Bulk Water Fee Bylaw 1332” to set the annual bulk water fee payable to the Town of Oliver by the Osoyoos Indian Band; AND WHEREAS it is deemed desirable by the Council of the Town of Oliver to amend the annual bulk water fee charged per irrigated acre; NOW THEREFORE the Council of the Town of Oliver in open meeting assembled enacts as follows: 1. That Osoyoos Indian Band Bulk Water Fee Bylaw 1332 be amended as follows: a. By deleting Section 1 in its entirety and replacing it with the following: “1. The Osoyoos Indian Band shall pay to the Town an annual fee for the use of all water withdrawn by the Band from the Canal for use on the Reserve, at the rate of $60.75 per irrigated acre.” b. By deleting Section 5 in its entirety and replacing it with the following: “5. This Bylaw shall come into force and take effect on January 1, 2014.” 2. This Bylaw may be cited for all purposes as the "Osoyoos Indian Band Bulk Water Fee Amendment Bylaw 1332.01". Read a first, second and third time on the 25th day of November, 2013. Adopted on the __ day of _____________, 2013. ____________________________ ____________________________ Mayor Corporate Officer ITEM F. - 1. Page 15 of 55 Page 16 of 55 TOWN OF OLIVER BYLAW 1333.01 ___________________________________________________________________________ A bylaw to amend Oliver Water Parcel Tax Bylaw 1333. ___________________________________________________________________________ WHEREAS Council has established “Oliver Water Parcel Tax Bylaw 1333” to set the annual water parcel tax charged on land benefiting the service; and AND WHEREAS it is deemed desirable by the Council of the Town of Oliver to amend the annual water parcel tax; NOW THEREFORE the Council of the Town of Oliver, in open meeting assembled, enacts as follows: 1. That Oliver Water Parcel Tax Bylaw 1333 be amended as follows: a. By deleting Section 3 in its entirety and replacing it with the following: “ 3. The annual water parcel tax shall be in the amount of one hundred twenty dollars and thirty -five cents ($120.35) per parcel or group of parcels.” b. By deleting Section 5 in its entirety and replacing it with the following: “ 5. The provisions of this Bylaw shall become effective and in force as of the 1 st day of January for the year 2014 and each subsequent year thereafter ” 2. This Bylaw may be cited for all purposes as the "Oliver Water Parcel Tax A mendment Bylaw 1333.01". Read a first, second and third time on the 25th day of November , 2013. Adopted on the __ day of _____________, 2013. ____________________________ ____________________________ Mayor Corporate Officer ITEM F. - 2. Page 17 of 55 Page 18 of 55 TOWN OF OLIVER BYLAW 1346 A Bylaw to amend Domestic Water Rates Bylaw No. 177 WHEREAS Council has established “Domestic Water Rates Bylaw No. 177” to set the user rates charged for all properties served by the Oliver water system; AND WHEREAS it is deemed desirable by the Council of the Town of Oliver to amend the user rates charged for the water system; NOW THEREFORE the Council of the Town of Oliver in open meeting assembled enacts as follows: 1. That Domestic Water Rates Bylaw No. 177 is amended as follows: Schedule “A” is deleted in its entirety and replaced with Schedule “A” attached to and forming part of this bylaw. 2. This Bylaw shall come into force and take effect on January 1, 2014. 3. This Bylaw may be cited for all purposes as "Water User Fees Amendment Bylaw 1346”. Read a first, second and third time on the 25th day of November , 2013. Adopted on the __ day of ____________, 2013. __________________________ ____________________________ Mayor Corporate Officer ITEM F. - 3. Page 19 of 55 PAGE 2 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” A. USER RATES FOR WATER SY STEM The flat rate is only intended for those properties that do not have a water meter installed. If a meter is installed part way through the year, the flat rate will be prorated to the date the meter was installed. Where two or more uses are made of a single property or buildi ng that is not metered, the total fee shall be a combination of all user fees that apply to that property or building. 1. FLAT RATES ANNUAL RATES EFFECTIVE Type of Use January 1, 2014 (1) Residential, per dwelling unit: i) Single Family, Duplex, or mobile home not in a mobile home park $369.80 ii) 3-plex, 4 -plex, townhouse, mobile home in a mobile home park $289.95 iii) Apartm ent , secondary suite, cabin $140.05 (2) Commercial, per unit: i) Office, Hall, Bakery, Hair Salon, Funeral Home, other small commercial Businesses $164.10 ii) Motel or Hotel - per room $123.65 iii) Campground - per site $43.75 ITEM F. - 3. Page 20 of 55 PAGE 3 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” FLAT RATES (continued) ANNUAL RATES EFFECTIVE Type of Use January 1, 2014 iv) Restaurant or Beverage Room: -less than 25 seats $352.30 -25 to 49 seats $527.40 -for each additional 25 seats or increment $176.15 v) Garage, Service Station, Theatre, Bowling Alley, Supermarket $352.30 vi ) Laundromat or Car Wash - per machine or wand $107.25 vii ) Church $229.75 viii) Hospital, Extended Care or Long-Term Care Facility - per bed $229.75 ix) School - per classroom $229.75 x) Community Hall, Arena, Curling Rink, Swimming Pool $1,163.10 ITEM F. - 3. Page 21 of 55 PAGE 4 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” FLAT RATES (continued) ANNUAL RATES EFFECTIVE Type of Use January 1, 2014 (3) I rrigation: In this section: “ Agriculture” means cultivation of ground for the purpose of growing food, forage or other crops as part of a commercial enterprise and specifically does not include landscaping, private gardens, greenhouse operations or other indoor horticulture. “ Agricultural Land” means either: (a) land which is assessed as Class 9 Farm by the British Columbia Assessment Authority in the current year; or (b) land which was assessed as Class 9 Farm by the British Columbia Assessment Authority in the previous one or two years, and has lost its farm assessment in the current year, but continues to be used for Agriculture as determined by the Chief Financial Officer of the Town of Oliver or a person delegated by the Chief Financial Officer to make that determination. For clarity, land that has lost its Class 9 Farm assessment for more than two years shall cease to be considered Agricultural Land for the purpose of this bylaw, regardl ess of the actual use on the land. “ Agricultural Irrigation” means water supplied to irrigate Agricultural Land. “ Non-Agricultural Irrigation” means any irrigation other than Agricultural Irrigation. For each and every parcel of land using water for irrigation, an annual charge per acre on all land area within the parcel shall be levied as set out below, pro -rated for partial acres: i) Pressurized water for Non-Agricultural Irrigation $715.00/acre ii) Non-Pressurized water for Non -Agricultural Irrigation $412.50/acre iii) Pressurized water for Agricultural Irrigation $211.15/acre iv) Non-Pressurized water for Agricultural Irrigation $121.45/acre ITEM F. - 3. Page 22 of 55 PAGE 5 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” 2. METERED RATES Annual Base Rate Size of Charges Effective Meter January 1, 2014 5/8 and 3/4 inch standard $ 136.80 1 inch standard $ 287.80 1.5 inch standard $ 543.80 2 inch standard $ 986.90 3 inch standard $ 2,099.70 4 inch standard $ 3,593.20 5 inch standard $ 7,584.60 6 inch standard $ 7,584.60 6 inch fire $ 4,405.00 8 inch fire $ 8,537.70 In addition to the annual base rate charges, all consumption shall be charged at the following rates: • Agricultural Irrigation not applicable • Non-Agricultural Irrigation $0.52 per cubic meter • All other uses, including domestic $0.58 per cubic meter Non-farm irrigation rates are levied as noted in Section 1(3) of this bylaw. In instances where a property is serviced with , and using, both an irrigation service and a domestic service, the property owner may wish to have a meter installed on the irrigation service. The property owner will bear the full cost of the meter installation, including the purchase of the meter from the Town. Upon installation of the meter, the property will cease being invoiced on a flat rate system and will commence being invoiced on metered consumption at the non-agricultural irrigation rate noted above. Where a property is required to have a water meter but has refused for the installation of a water meter; a flat rate charge of $400 per month shall apply. In those instances where a water meter has not been recording water consumption for a period of at least one month due to a malfunction or broken part , and it has been determined by Town staff that water has been consumed during said time, historical consumption for the period in question will be used to determine approximate water consumption for billing purposes. If historical information is not available, the appropriate flat rate for the property, as set out in Section A 1 of this bylaw, will be used to determine a pro -rated billing charge based on the length of time the water meter was not functioning. ITEM F. - 3. Page 23 of 55 PAGE 6 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” Property owners who are dissatisfied with the consumption as recorded on their meter may apply to the Town to have their meter tested. The property owner shall pay a fee of $50 (plus applicable taxes) in advance of the actual test. If, upon such test, the meter is found to be recording accurately no further work will be performed. In the event of the test showing the meter to be recording less water than is consumed in such test, a new meter will be installed to ensure accurate consumption is being recorded. In the event of the test showing the meter to be recording more water than is consumed in such test, the $50 fee for administering the test will be refunded and the property owner shall be allowed a rebate on the consumption for a period not exceeding the three months immediately prior to such test. The amount of the rebate is to be determined by the percentage of inaccuracy as shown by the test. Property owners who are dissatisfied with the water utility billing may bring forth a request to the Chief Financial Officer or the Municipal Manger for resolution. If the property owner is not satisfied with the solution, the property owner may take the matter to Council for final resolution. Any property owner may apply to the Town to have their meter read outside the normally scheduled reads. Such reads shall be subject to a fee of $50 (plus applicable taxes) to be paid prior to the reading being done. During the process of installing a water meter, if it is determined, by the Director of Operations, that a property requires more than one meter installed to accommodate pre-existing irrigation plumbing, the property will only be charged a base rate char ge for the size of meter that would ordinarily have been required to service the capacity for that property. This determination will be made by the Director of Operations. B. PENALTY/DUE DATE 1. FLAT RATE WATER CHARGES For customers inside the Town of Oliver boundaries, t he flat rate water charg es as set forth in Section A 1 of this schedule shall be due and payable on July 2nd of each year (“Due Date” ), except where July 2 nd falls on a weekend or holiday, the charges shall be due and payable on the following business day. For customers outside the Town of Oliver boundaries, the flat rate water charges as set forth in Section A 1 of this schedule shall be invoiced in conjunction with the second quarter metered water charges inv oice as described in Section B 2 of this schedule. The “ Due Date” for these charges will be 30 days after the delivery date of the invoice. ITEM F. - 3. Page 24 of 55 PAGE 7 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” Failure to receive such invoice or notice does not negate the responsibility of the property owner to pay the Town for fees and rates established by this bylaw. Any flat rate water charges remaining unpaid after close of business on the Due Dates referred to above shall have a penalty of 10% of the unpaid balance added thereon. 2. METERED WATER CHARGES Metered water charg es as set forth in Section A 2 of this schedule shall be invoiced for water use for each calendar quarter. For the purpose of this bylaw, an invoice or notice covering the fees and rates established by this bylaw is deemed to have been delivered to the property owner on the date on which it was mailed. Failure to receive such invoice or notice does not negate the responsibility of the property owner to pay the Town for fees and rates established by this bylaw. Any metered water charges remaining unpaid 30 days aft er the delivery date of the invoice shall have a penalty of 10% of the unpaid balance added thereon. 3. NEW CONNECTIONS Metered water charges commence on a newly constructed or installed building immediately upon the installation of a water meter and subsequent water usage. If it is determined by the Director of Operations that it is not feasible to install a water meter on a property, a flat rate water charge will be charged on the property. The flat rate water charge will commence on a newly constructed or installed building immediately upon the expiration of 6 months (1 month in the case of a renovated building) from the date of validation of the building permit, provided however, that this amount will be pro-rated on a monthly basis from the effective date to December 31 of the year in which the building is built or renovated. An extension to the 6 month period will be considered providing the builder applies in writing to the Building Official prior to the expiration of the 6 month period. Should a request come from a builder after the expiration of the 6 month period, an extension may still be granted upon payment of an administration fee of $15.00 for the first unit and $5.00 for each additional unit in the same complex. Extensions will be in multiples of months, and are at the discretion of the Building Official based on projected construction completion date. ITEM F. - 3. Page 25 of 55 PAGE 8 TOWN OF OLIVER BYLAW 1346 SCHEDULE "A” 4. OUTSTANDING ACCOUNTS AT DECEMBER 31ST Any water charges levied under this bylaw that remain unpaid after December 31st of each year shall bear interest at a rate set by the Province, and shall be transferred to the Provincial tax roll as taxes in arrears. ITEM F. - 3. Page 26 of 55 TOWN OF OLIVER BYLAW 1347 A Bylaw for imposing water taxes payable to the Town of Oliver to be levied upon the land located within water systems 1 through 7 located outside the Town boundaries, and to provide incentive to encourage prompt payment thereof. WHEREAS pursuant to the Community Charter Council may, by bylaw, impose a parcel tax to provide all or part of the funding for a service; NOW THERFORE the Council of the Town of Oliver, in open meeting assembled, enacts as follows: 1. Schedule “A” attached to and forming part of this bylaw, is the schedule of annual water taxes to be charged to parcels of land contained within the Rural Water Taxation Assessment Roll. 2. The water taxes set forth in Schedule “A” shall be invoiced in conjunction with the second quarter metered water charges invoice. For the purpose of this bylaw, an invoice or notice covering the fees and rates established by this bylaw is deemed to have been delivered to the property owner on the date on which it was mailed. 3. Failure to receive such invoice or notice does not negate the responsibility of the property owner to pay the Town for rates established by this bylaw. 4. Any water taxes remaining unpaid 30 days after the delivery date of the invoice shall have a penalty of 10% of the unpaid balance added thereon. 5. Any amount remaining unpaid after December 31st of each year shall bear interest at a rate set by the Province, and shall be transferred to the Provincial tax roll as taxes in arrears. 6. This Bylaw shall come into force and take effect on January 1, 2014. 7. Rural Water Taxation Bylaw 1334 is hereby repealed. 8. This Bylaw may be cited for all purposes as "Rural Water Taxation Bylaw 1347". Read a first, second and third time on the 25th day of November, 2013. Adopted on the ___ day of ____________, 2013. __________________________ ____________________________ Mayor Corporate Officer ITEM F. - 4. Page 27 of 55 Page 2 of 3 TOWN OF OLIVER BYLAW 1347 SCHEDULE "A” 1. Definitions: (1) “Agriculture” means cultivation of ground for the purpose of growing food, forage or other crops as part of a commercial enterprise and specifically does not include landscaping, private gardens, greenhouse operations or other indoor horticulture. (2) “Agricultural Land” means either: (a) land which is assessed as Class 9 Farm by the British Columbia Assessment Authority in the current year; or (b) land which was assessed as Class 9 Farm by the British Columbia Assessment Authority in the previous one or two years, and has lost its farm assessment in the current year, but continues to be used for Agriculture as determined by the Chief Financial Officer of the Town of Oliver or a person delegated by the Chief Financial Officer to make that determination. For clarity, land that has lost its Class 9 Farm assessment for more than two years shall cease to be considered Agricultural Land for the purpose of this bylaw, regardless of the actual use on the land. (3) “Agricultural Irrigation” means water supplied to irrigate Agricultural Land. (4) “Non-Agricultural Irrigation” means any irrigation other than Agricultural Irrigation. 2. Annual Taxes: Annual parcel taxes on all land outside the Town of Oliver that is serviced by or connected to the Town of Oliver water system shall be levied as set out in sections 3, 4, and 5, below: 3. Rural Water Parcel Tax: (1) A rural water parcel tax of $120.35 per parcel on all parcels of land which are not using water for Agricultural Irrigation. 4. Agricultural Land Irrigation Tax: (1) An agricultural land irrigation tax of $211.15 per acre on all parcels to which Grade A pressurized water is supplied for Agricultural Irrigation. (2) An agricultural land irrigation tax of $121.45 per acre on all parcels to which Grade B non-pressurized or low pressurized water is supplied for Agricultural Irrigation. ITEM F. - 4. Page 28 of 55 Page 3 of 3 TOWN OF OLIVER BYLAW 1347 SCHEDULE "A” CONTINUED (3) For clarity, parcels using water for Non-Agricultural Irrigation are, in addition to the rural parcel tax, subject to user fees for Non-Agricultural Irrigation or metered water user fees as established by bylaw from time to time. 5. Drainage Tax: (1) A drainage tax of $37.20 per acre on all land within System 7D drainage area." ITEM F. - 4. Page 29 of 55 Page 30 of 55 ITEM J. - 1. Page 31 of 55 ITEM J. - 1. Page 32 of 55 ITEM J. - 1. Page 33 of 55 ITEM J. - 1. Page 34 of 55 ITEM J. - 2. Page 35 of 55 ITEM J. - 2. Page 36 of 55 ITEM J. - 2. Page 37 of 55 ITEM J. - 2. Page 38 of 55 ITEM J. - 2. Page 39 of 55 ITEM J. - 2. Page 40 of 55 ITEM J. - 2. Page 41 of 55 ITEM J. - 2. Page 42 of 55 ITEM J. - 2. Page 43 of 55 ITEM J. - 2. Page 44 of 55 ITEM J. - 3. Page 45 of 55 ITEM J. - 3. Page 46 of 55 ITEM J. - 3. Page 47 of 55 ITEM J. - 3. Page 48 of 55 ITEM K. - 1. Page 49 of 55 ITEM K. - 1. Page 50 of 55 ITEM K. - 1. Page 51 of 55 ITEM K. - 1. Page 52 of 55 ITEM L. - 1. Page 53 of 55 Page 54 of 55 ITEM L. - 2. Page 55 of 55