HomeMy Public PortalAboutRegular Open Council - 11 Mar 2013 - PdfTOWN OF OLIVER
REGULAR OPEN COUNCIL
MONDAY, MARCH 11, 2013 AT 7:00 PM
Council Chambers
AGENDA
Page
A. CALL TO ORDER
B.
ADOPTION OF AGENDA
1. Adoption of Agenda
C.
ADOPTION OF PRIOR MINUTES
5 - 8 1. Minutes of the February 25, 2013 Regular meeting
9 - 11 2. Minutes of the February 25, 2013 Public Hearing
D.
BUSINESS ARISING OUT OF PRIOR MINUTES
E.
COMMITTEE REPORTS
13 - 16 1. Minutes of February 25, 2013 Committee of the Whole meeting
2. Verbal Report from the Chairperson of the March 11, 2013 Committee of
the Whole meeting
F.
WATER MATTERS
G.
BYLAWS
17 - 23 1. Zoning Amendment Bylaw 1330.05
- Bylaw and Public Hearing report attached
- For receipt of Public Hearing report and adoption of bylaw
25 - 31 2. 5 Year Financial Plan Bylaw 1337
- Chief Financial Officer's report attached
H.
BUSINESS
33 - 35 1. Lakeside Drive Improvements
- Municipal Manager's report attached
37 2. Sidewalk Frontage of Lots 2 & 3 Plan 4128 Lakeside Drive
- Recommendation of Award
- Engineer's report attached
Regular Open Council of March 11, 2013
39 3. Tuc-El-Nuit Area Manhole Rehabilitation
- Recommendation of Award
- Engineer's report attached
41 - 42 4. Appointments to the Board of Variance
- Planner's report attached
43 - 46 5. Casa Rio Phased Strata Development - Election not to Proceed with Phase
4
- Municipal Manager's report attached
I.
CORRESPONDENCE
47 - 58 1. Correspondence Report
- Deputy Corporate Officer's report attached.
J.
REPORTS
59 1. Building Permit Report for the month of February 2013
- report attached
61 2. Oliver Fire Department report for the month of February 2013
- report attached
3. Councillor Mattes
4. Councillor Bennest
5. Water Councillor Miller
6. Water Councillor Machial
7. Councillor Doerr
8. Mayor Hovanes
K.
UPCOMING MEETINGS
1. Monday March 25, 2013 - 4:00 pm - Committee of the Whole Meeting
Monday March 25, 2013 - 7:00 pm - Regular Meeting
Monday April 8, 2013 - 4:00 pm - Committee of the Whole Meeting
Monday April 8, 2013 - 7:00 pm - Regular Meeting
Monday April 22, 2013 - 4:00 pm - Committee of the Whole Meeting
Monday April 22, 2013 - 7:00 pm - Regular Meeting
L.
PUBLIC QUESTION PERIOD
This is an opportunity for the audience to ask questions regarding matters
discussed during the current meeting.
1.
Page 2 of 61
Regular Open Council of March 11, 2013
M.
ADJOURNMENT
1. Adjournment
Page 3 of 61
Page 4 of 61
MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER
HELD ON MONDAY, FEBRUARY 25, 2013 IN THE COUNCIL CHAMBER
Present: Mayor Hovanes
Councillors Larson, Doerr, Bennest, and Mattes
Water Councillors Miller and Machial
Staff: T. Szalay, Municipal Manager
C. Garrish, Planner
L. Schultz, Deputy Corporate Officer
A CALL TO ORDER
Mayor Hovanes called the meeting to order at 7:10 pm
B ADOPTION OF AGENDA
B-1 Adoption
R-50/13 It was MOVED and SECONDED
Remove:
Bylaw 1337 (I-2)
That the agenda be adopted as amended.
CARRIED
C ADOPTION OF PRIOR MINUTES
C-1 Minutes of the February 12, 2013 Regular Meeting
R-51/13 It was MOVED and SECONDED
That the minutes of the February 12, 2013 Regular meeting be adopted as
circulated
CARRIED
D BUSINESS ARISING OUT OF PRIOR MINUTES
None
ITEM C. - 1.
Page 5 of 61
Regular Open Minutes of February 25, 2013
E COMMITTEE REPORTS
E-1 Minutes of February 12, 2013 Committee of the Whole meeting
R-52/13 It was MOVED and SECONDED
That the minutes of the February 12, 2013 Committee of the Whole meeting be
received as circulated.
CARRIED
E-2
Verbal report from the Chairperson of the February 25, 2013 Committee of the
Whole meeting
Councillor Larson provided a verbal report on the items discussed during the
Committee of the Whole meeting earlier in the day.
F WATER MATTERS
F-1 Water Quality Summary Report for January 2013
R-53/13 It was MOVED and SECONDED
That the Water Quality Summary report for the month of January 2013 be
received.
CARRIED
G DELEGATIONS & PETITIONS
Presentation by Lori Motluk, Interior Health's Acute Area Director and Community
Liaison, South Okanagan
H DEVELOPMENT PERMIT/VARIANCE HEARINGS
None
I BYLAWS
I-1 Zoning Amendment Bylaw 1330.05
- for third reading
R-54/13 It was MOVED and SECONDED
That Zoning Amendment Bylaw 1330.05 be read a third time.
CARRIED
ITEM C. - 1.
Page 6 of 61
Regular Open Minutes of February 25, 2013
I-3 Board of Variance Bylaw 1338
- for adoption
R-56/13 It was MOVED and SECONDED
That the Town of Oliver Board of Variance Bylaw 1338 be adopted.
CARRIED
J BUSINESS
None
K CORRESPONDENCE
K-1 Correspondence Report
R-57/13 It was MOVED and SECONDED
That the correspondence in the Council Reading File be received.
CARRIED
L REPORTS
L-1 Building Permit Report for January 2013
R-58/13 It was MOVED and SECONDED
That the Building Permit report for the month of January be received.
CARRIED
L-2 Councillor Bennest
• Wednesday met with SOCC and OTA
L-3 Water Councillor Miller
• Today’s meetings
L-4 Water Councillor Machial
• Today’s meetings
L-5 Councillor Larson
• Hospital Tower meeting in Penticton
L-6 Councillor Doerr
• Queens Diamond Jubilee Presentations
ITEM C. - 1.
Page 7 of 61
Regular Open Minutes of February 25, 2013
L-7 Councillor Mattes
• Met with Royal Lepage staff
L-8 Mayor Hovanes
• February 13th – Met with Remax staff
• Met with Mary Kiviste – Adult Literacy
• Public Works – Long Service Recognition Awards
• Police Walk About
• Met with Chamber and OTA
• RDOS
• Queen’s Diamond Jubilee Reception
• Legion Remembrance Day Awards
• Okanagan Portuguese Dinner and Dance
M UPCOMING MEETINGS
Monday March 11, 2013 – 2:00 pm – Joint Council/AAC Meeting
Monday March 11, 2013 - 4:00 pm - Committee of the Whole Meeting
Monday March 11, 2013 - 7:00 pm - Regular Meeting
Monday March 25, 2013 - 4:00 pm - Committee of the Whole Meeting
Monday March 25, 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 current meeting.
O ADJOURNMENT
R-59/13 It was MOVED and SECONDED
That the meeting be adjourned.
CARRIED
The meeting was adjourned at 7:55 pm
CERTIFIED AS CORRECT
Mayor Deputy Corporate Officer
ITEM C. - 1.
Page 8 of 61
MINUTES OF A PUBLIC HEARING OF THE COUNCIL OF THE TOWN OF OLIVER
HELD ON MONDAY, FEBRUARY 25, 2013 IN THE COUNCIL CHAMBERS
Present: Mayor Hovanes
Councillors Larson, Doerr, Bennest and Mattes
Water Councillors Machial and Miller
Staff: T. Szalay, Municipal Manager
C. Garrish, Planner
L. Schultz, Deputy Corporate Officer
A CALL TO ORDER
Chair Hovanes called the Public Hearing to order at 7:00 pm
B STATEMENT OF THE CHAIR
Chair Hovanes read the following Statement of the Chair:
This Public Hearing is being held pursuant to Section 890 of the Local Government
Act in order to consider Zoning Amendment Bylaw 1330.05. The purpose of Zoning
Amendment Bylaw 1330.05
is to address an issue that has arisen following the adoption of Zoning Bylaw 1330 on
September 6, 2012. Specifically, the current use of the property for a “restaurant” (i.e.
Firehall Bistro) and ancillary residential unit were rendered legally non-conforming
(i.e. no longer permitted in the zone), while a number of other uses previously
permitted under Zoning Bylaw 720 were removed.
This amendment is also to initiate a textual amendment to the definition of “height” so
that it is calculated from finished grade as opposed to natural grade, and an amendment
to the definition of “base elevation”.
Copies of reports and correspondence received related to Zoning Amendment Bylaw
1330.05 have been available for viewing at the Town office during the required posting
period and are now available for viewing at the back table.
All persons present at this hearing who believe that their interest in property is affected
by the passage of Zoning Amendment Bylaw 1330.05 will be given an opportunity to
be heard or to present submissions on the proposed Bylaw after an initial summary by
the consultant and Municipal Manager.
If you wish to speak or make a submission this evening concerning Zoning
Amendment Bylaw 1330.05, at the appropriate time, please address Council by first
CLEARLY stating your name and address for the record. Please limit your submission
to 5 minutes and do not rise to speak a second time until all others have been provided
an opportunity to be heard. After 5 minutes you will be asked to sit down to await your
ITEM C. - 2.
Page 9 of 61
Public Hearing Minutes of February 25, 2013
opportunity to speak a second time if you wish to continue your submission, and I
expect – for the sake of providing others an equal opportunity to be heard – that you
will comply with my request.
Please restrict your comments to matters contained in the bylaws and refrain from
applause or other expressions of emotion during this public hearing so we may ensure
as impartial a hearing as possible. No person will be discouraged or prevented from
making his or her views known.
Council members may ask questions of you following your presentation; however, the
main function of Council members is to listen to the views of the public. It is not the
function of Council at this public hearing to debate the proposed bylaws with
individual citizens.
After this Public Hearing is adjourned, Council members will not speak to the public
on these bylaws until after they have been dealt with at a public meeting.
C BYLAWS
Zoning Amendment Bylaw 1330.05
- Textual Amendments & Rezoning of 6077 Main Street (Firehall Bistro site)
- Information contained in Public Hearing binders and in Regular Agenda package
Chris Garrish, Planner summarized his report
D ADJOURNMENT
Adjournment
It was MOVED and SECONDED
That the Public Hearing be adjourned
CARRIED
The Public Hearing was adjourned at7:09pm
CERTIFIED AS CORRECT
Chair Deputy Corporate Officer
ITEM C. - 2.
Page 10 of 61
Public Hearing Minutes of February 25, 2013
ITEM C. - 2.
Page 11 of 61
Page 12 of 61
MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE
TOWN OF OLIVER HELD ON MONDAY, FEBRUARY 25, 2013 IN THE COUNCIL
CHAMBERS
Present: Chairperson Larson
Mayor Hovanes
Councillors Doerr, Bennest, and Mattes
Water Councillors Miller and Machial
Staff: T. Szalay, Municipal Manager
D. Svetlichny, Chief Financial Officer
L. Schultz, Deputy Corporate Officer
A CALL TO ORDER
Councillor Larson called the meeting to order at 4:01pm
B ADOPTION OF AGENDA
CW-26/13 It was MOVED and SECONDED
• Add: 911 Updates through RDOS (Business 3)
That the agenda be adopted as amended.
CARRIED
C ADOPTION OF COMMITTEE MINUTES
C-1 Minutes of February 12, 2013 Committee of the Whole meeting
CW-27/13 It was MOVED and SECONDED
That the minutes of the February 12, 2013 Committee of the Whole meeting be
adopted as circulated.
CARRIED
D BUSINESS ARISING OUT OF PRIOR MINUTES
None
E WATER MATTERS
None
ITEM E. - 1.
Page 13 of 61
Committee of the Whole meeting minutes of February 25, 2013
F BYLAWS
F-1 Update of Zoning Bylaw 1330
The Municipal Manager gave a brief background and the Planner summarized
his report.
CW-28/13 It was MOVED and SECONDED
That the contract planner work with staff to address the various issues related to
Zoning Bylaw 1330, generally as outlined in this report; and
That staff schedule one or more special meetings with Committee of the Whole
to discuss specific changes before the bylaw is presented to council for first
reading.
CARRIED
It was MOVED and SECONDED
That the Manager writes Urban Systems regarding concerns expressed by
council and work and costs contemplated to correct deficiencies found in
Bylaw 1330.
CARRIED
G BUSINESS
G-1 Capital Budget - Reallocation to Operations
The Chief Financial Officer summarized his report.
CW-29/13 It was MOVED and SECONDED
It is recommended that council instruct staff to transfer both 2012 actual and 2012
budgeted amounts for each of the below noted projects into the corresponding
proposed operating ledger accounts.
Recom
menda
tion Current Current Account 2012 2012 Proposed New
Account # Name Budget Actual Account #
Sewer Fund
1. 3-2-0010-000 40 HP Suction Evaluation 10,000 1,486 4-2-1000-745
General Fund
2. 1-2-2010-000 Tree Inventory/Health
Project 13,800 13,708 Labour to 2-2-3228-500
Materials to 2-2-3228-700
3. 1-2-2011-000 Tree Root Damage - Tucelnuit 13,000 16,090 Labour to 2-2-3228-500
Materials to 2-2-3228-700
4. 1-2-2020-000 Downtown Fixture Painting 15,000 11,456 Labour to 2-2-3222-500
Materials to 2-2-3222-700
ITEM E. - 1.
Page 14 of 61
Committee of the Whole meeting minutes of February 25, 2013
5. 1-2-2083-000 Water Testing Upgrades @
PW 10,000 10,095 Labour to 2-2-3160-500
Materials to 2-2-3160-630
6. 1-2-2102-000 PW Onsite
Parking/Landscaping 5,500 5,209 Labour to 2-2-3161-500
Materials to 2-2-3161-700
7. 1-2-2108-000 Street Name Signs 16,000 4,677 Labour to 2-2-3260-500
Materials to 2-2-3260-700
8. 1-2-3006-000 Fire Department Radios 2,000 1,745 2-2-2480-738
9. 1-2-3026-000 RIT Bag 5,000 4,455 2-2-2480-738
CARRIED
G-2
Siting of Federally-Licensed Medical Marijuana Production Facilities
The Planner summarized his report
CW-30/13 It was MOVED and SECONDED
To continue to consider the cultivation of medical marijuana as an agricultural
use, restricted to AG zones or requiring a site-specific zoning application from
any potential proponent.
CARRIED
It was MOVED and SECONDED
That the Manager be directed to contact the people and let them know that we
are in fact open for business and would welcome an application for
consideration.
CARRIED
G-3 911 Updates through the Regional District Okanagan Similkameen
Mayor Hovanes gave a brief update on a discussion held at the RDOS Board
meeting regarding 911 updates.
H PUBLIC QUESTION PERIOD
H-1 This is an opportunity for the audience to ask questions regarding matters
discussed during the current meeting.
ITEM E. - 1.
Page 15 of 61
Committee of the Whole meeting minutes of February 25, 2013
I ADJOURNMENT
CW-31/13 It was MOVED and SECONDED
That the meeting be adjourned.
CARRIED
The meeting was adjourned at 4:55 pm
CERTIFIED AS CORRECT
Chairperson Deputy Corporate Officer
ITEM E. - 1.
Page 16 of 61
ITEM G. - 1.
Page 17 of 61
ITEM G. - 1.
Page 18 of 61
ITEM G. - 1.
Page 19 of 61
ITEM G. - 1.
Page 20 of 61
ITEM G. - 1.
Page 21 of 61
ITEM G. - 1.
Page 22 of 61
ITEM G. - 1.
Page 23 of 61
Pa
g
e
2
4
o
f
6
1
ITEM G. - 2.
Page 25 of 61
ITEM G. - 2.
Page 26 of 61
ITEM G. - 2.
Page 27 of 61
ITEM G. - 2.
Page 28 of 61
ITEM G. - 2.
Page 29 of 61
ITEM G. - 2.
Page 30 of 61
ITEM G. - 2.
Page 31 of 61
Pa
g
e
3
2
o
f
6
1
ITEM H. - 1.
Page 33 of 61
ITEM H. - 1.
Page 34 of 61
ITEM H. - 1.
Page 35 of 61
Pa
g
e
3
6
o
f
6
1
ITEM H. - 2.
Page 37 of 61
Pa
g
e
3
8
o
f
6
1
ITEM H. - 3.
Page 39 of 61
Pa
g
e
4
0
o
f
6
1
ITEM H. - 4.
Page 41 of 61
ITEM H. - 4.
Page 42 of 61
ITEM H. - 5.
Page 43 of 61
ITEM H. - 5.
Page 44 of 61
ITEM H. - 5.
Page 45 of 61
ITEM H. - 5.
Page 46 of 61
ITEM I. - 1.
Page 47 of 61
ITEM I. - 1.
Page 48 of 61
ITEM I. - 1.
Page 49 of 61
ITEM I. - 1.
Page 50 of 61
ITEM I. - 1.
Page 51 of 61
ITEM I. - 1.
Page 52 of 61
ITEM I. - 1.
Page 53 of 61
ITEM I. - 1.
Page 54 of 61
ITEM I. - 1.
Page 55 of 61
ITEM I. - 1.
Page 56 of 61
ITEM I. - 1.
Page 57 of 61
ITEM I. - 1.
Page 58 of 61
ITEM J. - 1.
Page 59 of 61
Page 60 of 61
ITEM J. - 2.
Page 61 of 61