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Home My Public Portal AboutRegular Open Council - 13 May 2013 - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, MAY 13, 2013 AT 7:00 PM AGENDA Page A CALL TO ORDER B ADOPTION OF AGENDA C ADOPTION OF PRIOR MINUTES 4 - 9 1. Minutes of April 22, 2013 Regular meeting D BUSINESS ARISING OUT OF PRIOR MINUTES E COMMITTEE REPORTS 10 - 12 1. Minutes of the April 22, 2013 Committee of the Whole meeting. 2. Verbal Report from the Chairperson of the May 13, 2013 Committee of the Whole meeting. F WATER MATTERS 13 - 14 1. 2013 - 2014 Water Capital Projects Loan Authorization Bylaw 1340 - for adoption - bylaw attached 15 - 16 2. 2013 - 2014 Water Capital Projects Temporary Borrowing Bylaw 1341 - for adoption - bylaw attached 17 - 21 3. Crown Land Tenure - Licence of Occupation Buchanan Road Well - Corporate Officer's Report attached G DELEGATIONS & PETITIONS 1. Presentation by Joanne Bray and Christine Coughtree Re: Lion's Foundation of Canada - Purina Walk For Dog Guides Regular Open Council of May 13, 2013 H DEVELOPMENT PERMIT/VARIANCE HEARINGS 22 - 36 1. Development Permit 2013-01 Owner: Ellcar Ventures Ltd. - Planning Consultant's Report attached I BYLAWS 37 - 38 1. Records Management Bylaw 1342 - for adoption - bylaw attached 39 - 41 2. 2013 Tax Rates Bylaw 1339 - for adoption - bylaw attached J BUSINESS 42 - 44 1. Downtown Parking Time Limits - Municipal Manager's report attached 45 - 46 2. Eastside Hike and Bike Greenway Formalization Paving Project Award of Tender - Director of Operations report attached K CORRESPONDENCE 47 - 56 1. Correspondence Report - Corporate Officer's report attached L REPORTS 57 1. Building Permit report for the month of April 2013 - report attached 58 2. Oliver Fire Department Report for the month of April 2013 - report attached 3. Councillor Doerr 4. Councillor Mattes 5. Councillor Bennest 6. Water Councillor Miller 7. Water Councillor Machial 8. Mayor Hovanes Page 2 of 58 Regular Open Council of May 13, 2013 M UPCOMING MEETINGS May 27, 2013 - 4:00 pm - Committee of the Whole Meeting May 27, 2013 - 7:00 pm - Regular Meeting May 31 - June 4 - 2013 - FCM Conference (Vancouver) June 10, 2013 - 4:00 pm - Committee of the Whole Meeting June 10, 2013 - 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 Page 3 of 58 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, APRIL 22, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Doerr and Bennest Water Councillors Miller and Machial Regrets: Councillors Larson and Mattes Staff: T. Szalay, Municipal Manager C. Cowan, Corporate Officer D. Svetlichny, Chief Financial Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:00 pm B ADOPTION OF AGENDA R-112/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding the following: • Item I-3 - Records Management Bylaw 1342 • Item J-2 - Bylaw Enforcement Officer Appointment • Item J-3 - Town of Oliver Promotional Guide Committee Appointment CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of the April 8, 2013 Regular meeting R-113/13 It was MOVED and SECONDED That the minutes of the April 8, 2013 Regular meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None ITEM C - 1 Page 4 of 58 Regular Open Minutes of April 22, 2013 E COMMITTEE REPORTS E-1 Minutes of the April 8, 2013 Committee of the Whole meeting R-114/13 It was MOVED and SECONDED That the minutes of the April 8, 2013 Committee of the Whole meeting be received as presented. CARRIED E-2 Verbal Report from the Chairperson of the April 22, 2013 Committee of the Whole meeting. Councillor Bennest 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 March 2013 R-115/13 It was MOVED and SECONDED That the Water Quality Summary report for the month of March 2013 be received as presented. CARRIED Water Councillor Miller vacated Council Chambers at 7:05 pm G DELEGATIONS & PETITIONS G-1 Presentation by Sarah Trudeau, Regional Development Coordinator and Aaron McRann, Executive Director, Community Foundation of the South Okanagan Mr. McRann outlined the Community Foundation of the South Okanagan endowment program and introduced Sarah Trudeau, who will be the coordinator for the Smart and Caring Communities program outside the Penticton area. Ms. Trudeau provided an overview of how the Smart and Caring Communities program will benefit and be a resource for the Town. Ms. Trudeau indicated that Council can help by spreading the word about the program, joining a committee or nominate someone, consider a partnership with the Community Foundation and consider making a contribution to the community. ITEM C - 1 Page 5 of 58 Regular Open Minutes of April 22, 2013 G-2 Presentation by Oliver Tourism Association Beth Garrish, Chair, Ken Oldfield, Treasurer Ms. Garrish provided an overview of the past years initiatives and what is being planned for the upcoming year. Mr. Oldfield presented the 2013 budget. Ms. Garrish and Mr. Oldfield advised that the OTA would like to extend the agreement with the Town/RDOS beyond the 2013 year. H DEVELOPMENT PERMIT/VARIANCE HEARINGS None I BYLAWS I-1 Tax Exemption Bylaw 1328 R-116/13 It was MOVED and SECONDED That Revitalization Tax Exemption Bylaw 1328 be adopted. CARRIED I-2 2013 Tax Rates Bylaw 1339 The Chief Financial Officer summarized his report. R-117/13 It was MOVED and SECONDED That 2013 Tax Rates Bylaw 1339 be read a first, second and third time. CARRIED Late Item I-3 Records Management Bylaw 1342 R-118/13 It was MOVED and SECONDED That Records Management Bylaw 1342 be read a first, second and third time. CARRIED ITEM C - 1 Page 6 of 58 Regular Open Minutes of April 22, 2013 J BUSINESS J-1 Oliver Curling Club Lease R-119/13 It was MOVED and SECONDED That council approve the Curling Club Lease agreement; and The signing officers be authorized to execute a five year lease agreement between the Town of Oliver and the Oliver Curling Club Society, after the notice requirement under the Community Charter has been met. CARRIED Late Item J-2 Bylaw Enforcement Officer Appointment R-120/13 It was MOVED and SECONDED That Council appoint the following as a Bylaw Enforcement Officer pursuant to Section 36 of the Police Act and the Community Charter for enforcement of the Town of Oliver Bylaws: • Marie-Eva Roberge CARRIED Late Item J-3 Town of Oliver Promotional Guide Committee Appointment R-121/13 It was MOVED and SECONDED That Council appoint Councillor Bennest and Council Doerr to the Town of Oliver Promotional Guide Committee. CARRIED K CORRESPONDENCE K-1 Correspondence Report a) Correspondence in the Council Reading File R-122/13 It was MOVED and SECONDED That the Council Reading File Correspondence be received. CARRIED L REPORTS ITEM C - 1 Page 7 of 58 Regular Open Minutes of April 22, 2013 L-1 Water Councillor Machial • Meetings of the afternoon • Golfed in the SSOS Tournament L-2 Councillor Doerr • Oliver Tourism Association Annual Meeting • Rotary Auction • Spirit of Oliver • Hospital Auxiliary Fashion Show L-3 Councillor Mattes • No Report L-4 Councillor Bennest • Spirit of Oliver • Rotary Dinner • Hospital Auxiliary Fashion Show L-5 Water Councillor Miller • No Report L-6 Mayor Hovanes • Hosted Coffee with the Mayor • CYC Meeting • OTA Annual General Meeting • Boys and Girls Club Spaghetti Dinner • Meeting with Director Patton • Elks Installation • Legion Flea Market • Rotary Auction • Spirit of Oliver Awards • Special Council Meeting • Guest Judge at the SOSS Grad Fair • RDOS Meeting • Spirit Ridge Chamber Event • Mayors Prayer Breakfast • Buy-Low MS Fund Raiser ITEM C - 1 Page 8 of 58 Regular Open Minutes of April 22, 2013 M UPCOMING MEETINGS May 1 - 3, 2013 - SILGA (Salmon Arm) May 13, 2013 - 4:00 pm - Committee of the Whole Meeting May 13, 2013 - 7:00 pm - Regular Meeting May 27, 2013 - 4:00 pm - Committee of the Whole Meeting May 27, 2013 - 7:00 pm - Regular Meeting May 31 - June 4 - 2013 - FCM Conference (Vancouver) N PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. O ADJOURNMENT R-123/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:54 pm CERTIFIED AS CORRECT Mayor Corporate Officer ITEM C - 1 Page 9 of 58 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, APRIL 22, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson Bennest Mayor Hovanes Councillor Doerr Water Councillors Miller and Machial Regrets: Councillors Larson and Mattes Staff: T. Szalay, Municipal Manager C. Cowan, Corporate Officer D. Svetlichny, Chief Financial Officer A CALL TO ORDER Chair Bennest called the meeting to order at 4:25 pm B ADOPTION OF AGENDA CW-51/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding: • Item H-4 – 2013 Open for Business Award CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of April 8, 2013 Committee of the Whole meeting CW-52/13 It was MOVED and SECONDED That the minutes of April 8, 2013 Committee of the Whole be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E WATER MATTERS None F DELEGATIONS None ITEM E - 1 Page 10 of 58 Committee of the Whole meeting minutes of April 22, 2013 G BYLAWS G-1 Records Management Bylaw 1342 - The Corporate Officer summarized her report. CW-53/13 It was MOVED and SECONDED That Council forward Records Management Bylaw 1342 to the Open Meeting of April 22, 2013 to enable the Bylaw to be given three readings. CARRIED H BUSINESS H-1 2012 Draft Financial Statements The 2012 Financial Statements were presented to Council by auditor Rob Collins, Grant Thornton LLP CW-54/13 It was MOVED and SECONDED That council receive and approve the 2012 financial statements as presented on April 22, 2013. CARRIED H-2 Pedestrian Signal Locators - The Municipal Manager summarized his report CW-55/13 It was MOVED and SECONDED That Council POSTPONE consideration of the audible pedestrian button locator devices at the intersections of Main Street/Fairview Road and Main Street/Road 1 to the May 13, 2013 Committee of the Whole Meeting. CARRIED H-3 Town Promotion Package CW-56/13 It was MOVED and SECONDED That a committee be formed to undertake the development of a promotional package for the Town of Oliver; and That this item be forwarded to the Regular open meeting of April 22, 2013 to appoint members. CARRIED ITEM E - 1 Page 11 of 58 Committee of the Whole meeting minutes of April 22, 2013 Late Item H-4 2013 Open for Business Award The Municipal Manager reviewed the Open for Business Award application and requested assistance from a member of council to assist in the preparation of the application. CW-57/13 It was MOVED and SECONDED That Council explore the opportunity to submit an Open for Business Award application over the next two weeks. CARRIED I PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. J ADJOURNMENT CW-58/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 5:11 pm CERTIFIED AS CORRECT Chairperson Corporate Officer ITEM E - 1 Page 12 of 58 TOWN OF OLIVER BYLAW NO. 1340 A Bylaw to authorize borrowing for 2013 and 2014 water capital projects. WHEREAS it is deemed desirable and expedient to construct improvements to the water system having the estimated cost of planning, designing, land tenure acquisition and construction including other incidental expenses (all of which is called the “2013 and 2014 Water Capital Projects”) as listed below: PROJECT ESTIMATED BORROWING The third phase of construction of a parallel piping system in the rural area outside of the Town of Oliver municipal boundaries, to enable delivery of potable well water year round for domestic use; $ 633,000 The full replacement of all water infrastructure in the Hollow, Hillside and Veterans avenue area; $ 458,000 The construction of chlorination improvements, including the installation of a variable frequency drive motor, at Black Sage domestic well; $ 231,000 The completion of developing and building a functional water supply well at Buchanan road. $ 178,000 AND WHEREAS the amount of debt created by this bylaw is $1,500,000; AND WHEREAS the assent of the electorate is not required pursuant to the terms of Order In Council 1870, 1989, which dissolved the former Southern Okanagan Lands Irrigation District; NOW THEREFORE, the Council of the Town of Oliver in open meeting assembled, enacts as follows: 1. The Council is hereby empowered and authorized to borrow, from time to time, upon the credit of the Town a sum or sums not exceeding $1,500,000 for the purpose of the 2013-2014 Water Capital Projects, as and when Council may choose to implement each of them. 2. The maximum term for which debentures may be issued to secure the debt authorized by this bylaw is 15 years. 3. The Town is authorized to enter into agreements, debt instruments and other documentation providing for the borrowing of all or a portion of the debt authorized by this bylaw and the Mayor and Corporate Officer are authorized to execute and affix the corporate seal to all such documentation. ITEM F - 1 Page 13 of 58 4. This bylaw may be cited as “2013-2014 Water Capital Projects Loan Authorization Bylaw 1340”. Read a first, second and third time on the 25th day of March, 2013. Received the approval of the Inspector of Municipalities on the 17th day of April, 2013. Adopted on the ___ day of ________, 2013. _____________________________ _____________________________ Mayor Corporate Officer ITEM F - 1 Page 14 of 58 TOWN OF OLIVER BYLAW 1341 __________________________________________________________________ A Bylaw to authorize temporary borrowing pending the sale of debentures. __________________________________________________________________ WHEREAS it is provided by 181 of the Community Charter that the Council may, where it has adopted a loan authorization bylaw, without further assents or approvals, borrow temporarily from any person under the conditions therein set out; AND WHEREAS the Council has adopted Bylaw 1340, cited “2013-2014 Water Capital Projects Loan Authorization Bylaw 1340”, which authorizes the construction of the following projects totalling One Million Five Hundred Thousand dollars ($1,500,000): Rural water twinning phase 3 $ 633,000 Hollow & Veterans infrastructure replacement $ 458,000 Black Sage domestic well chlorination improvements $ 231,000 Buchanan road well completion $ 178,000 AND WHEREAS the sale of debentures has been temporarily deferred: NOW THEREFORE, the Council of the Town of Oliver in open meeting assembled, enacts as follows: 1. The Council is hereby authorized and empowered to borrow an amount or amounts not exceeding the sum of One Million Five Hundred Thousand dollars ($1,500,000), as the same may be required. 2. The form of obligation to be given as acknowledgement of the liability shall be a promissory note or notes bearing the corporate seal and signed by the Mayor and the Chief Financial Officer. 3. The money so borrowed shall be used solely for the purposes set out in said Bylaw 1340. 4. The proceeds from the sale of the debentures or so much thereof as may be necessary shall be used to repay the money so borrowed. 5. This bylaw may be cited as “2013-2014 Water Capital Projects Temporary Borrowing Bylaw 1341”. ITEM F - 2 Page 15 of 58 Bylaw No. 1341 Page 2 Read a first, second and third time on the 25th day of March, 2013. Adopted on the ___ day of _______, 2013. _____________________________ _____________________________ Mayor Corporate Officer ITEM F - 2 Page 16 of 58 ITEM F - 3 Page 17 of 58 ITEM F - 3 Page 18 of 58 ITEM F - 3 Page 19 of 58 ITEM F - 3 Page 20 of 58 ITEM F - 3 Page 21 of 58 ITEM H - 1 Page 22 of 58 ITEM H - 1 Page 23 of 58 ITEM H - 1 Page 24 of 58 ITEM H - 1 Page 25 of 58 ITEM H - 1 Page 26 of 58 ITEM H - 1 Page 27 of 58 ITEM H - 1 Page 28 of 58 ITEM H - 1 Page 29 of 58 IT E M H - 1 Pa g e 3 0 o f 5 8 IT E M H - 1 Pa g e 3 1 o f 5 8 IT E M H - 1 Pa g e 3 2 o f 5 8 IT E M H - 1 Pa g e 3 3 o f 5 8 IT E M H - 1 Pa g e 3 4 o f 5 8 IT E M H - 1 Pa g e 3 5 o f 5 8 ITEM H - 1 Page 36 of 58 Schedule 1 TOWN OF OLIVER BYLAW 1342 A Bylaw to establish records management procedures for documents and records of the Town of Oliver The Council of the Town of Oliver, in open meeting enacts as follows: 1. Title This bylaw may be cited for all purposes as “Records Management Bylaw 1342". 2. Definitions In this Bylaw, unless the context otherwise requires: “Corporate Officer” is the person designated the responsibility of corporate administration under Section 148 of the Community Charter by Council; “record” includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; “records management system” includes a system used by the Town of Oliver to manage the records of the Town of Oliver from record creation through to records disposal; "Town" means the Town of Oliver. 3. Records Management System Established The records management system currently used by the Town is authorized. 4. Compliance with Records Management System All records in the custody and control of the employees of the Town are the property of the Town. All records of the Town must comply with this records management system and this bylaw. All employees and management of the Town must comply with this bylaw. 5. Management and Maintenance of Records Management System The Corporate Officer is responsible for the management and maintenance of the records management system. The Corporate Officer is authorized to manage and maintain the records management system. ITEM I - 1 Page 37 of 58 Bylaw Page 2 6. Manual of Procedures and Policy The Corporate Officer is authorized to create and maintain a manual of procedures and policy (the “Manual”). Records of the Town are created, accessed, maintained and disposed of only as provided by the Manual. 7. Integrity and Authenticity Maintained The records management system must maintain the integrity and authenticity of records made or kept in the usual and ordinary course of business. 8. Authorization to Amend Manual The Corporate Officer is authorized to amend the Manual. 9. Compliance with Law The records management system must comply with the Manual, applicable laws and any provincial, national or international standards adopted for use and contained in the Manual. 10. Severability If any section, subsection, paragraph, subparagraph or clause of the Records Management Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision does not affect the validity of the remaining portions of the Records Management Bylaw. Read a first, second and third time on April 22, 2013 Adopted on ___________, 2013 _____________________ Mayor Corporate Officer ITEM I - 1 Page 38 of 58 TOWN OF OLIVER BYLAW 1339 Being a bylaw for the levying of tax rates on lands and improvements for municipal, library, hospital and regional district purposes, for the year 2013. The Council of the Town of Oliver, in open meeting assembled, enacts as follows: 1. The rates shown on Schedule Α attached hereto, are hereby imposed for the year 2013 for the following purposes and upon the following assessment bases and net taxable values: ROW OF SCHEDULE Α LEVY PURPOSES ASSESSMENT BASE LEVIED UPON NET TAXABLE VALUE OF A General municipal except fire protection general land and improvements B Municipal fire protection general improvements only C Okanagan Regional Library general land and improvements D Okanagan-Similkameen Regional Hospital District and South Okanagan Similkameen Regional Hospital District hospital land and improvements E Regional District Okanagan- Similkameen, General Government, Landfill, Museum and Historical Sites contribution and Okanagan Basin Water Board general land and improvements F Regional District Okanagan- Similkameen for Oliver Parks and Recreation functions hospital land and improvements G Regional District Okanagan- Similkameen for 911 Emergency Call System and Mosquito Control Program general improvements only H Regional District Okanagan- Similkameen Sterile Insect Release Programs general land only I Regional District Okanagan- Similkameen Frank Venables Auditorium general land and improvements ITEM I - 2 Page 39 of 58 Tax Rates Bylaw 1339 Page 2 of 3 2. The minimum amount of taxation upon a parcel of real property, with or without improvements thereon, shall be the sum of One Hundred Dollars ($100). 3. A percent addition of Ten Percent (10%) will be added to the amount remaining unpaid after the SECOND DAY OF JULY, 2013 AT FOUR THIRTY IN THE AFTERNOON (4:30 P.M.) and the amount unpaid, including the percentum additions, will be deemed to be the amount of the current year’s Taxes due and payable upon such taxable Land and Improvements, as provided by the Community Charter. 4. If the Rates and Taxes, or any part thereof, due to the Collector for the Town of Oliver are not paid by the THIRTY-FIRST DAY OF DECEMBER, 2013, the Collector may collect the same in the manner provided in the Community Charter and amendments and regulations thereto. 5. This Bylaw is cited for all purposes as "2013 Tax Rates Bylaw 1339". Read a first, second, and third time on the 22nd day of April, 2013. Adopted on the ___ day of _______, 2013. ___________________________ ____________________________ Mayor Corporate Officer ITEM I - 2 Page 40 of 58 Tax Rates Bylaw 1339 Page 3 of 3 Tax Rates Bylaw 1339 Schedule "A" Class > 1 2 5 6 8 9 Residential Utility Light Business Recreation Farm Industry & Other /nonprofit A. Municipal 1.4134 9.0729 3.4628 3.4628 1.4134 1.4134 B. Fire 0.3352 2.1517 0.8212 0.8212 0.3352 0.3352 C. Library 0.2076 1.3326 0.5086 0.5086 0.2076 0.2076 D. Hospital 0.2830 0.9905 0.9622 0.6933 0.2830 0.2830 E. RDOS-General 0.3110 1.9965 0.7620 0.7620 0.3110 0.3110 F. RDOS-Parks & Rec 0.6741 2.3592 2.2918 1.6514 0.6741 0.6741 G. RDOS-911 0.0761 0.4883 0.1864 0.1864 0.0761 0.0761 H. RDOS-SIR 0.0497 0.3188 0.1217 0.1217 0.0497 0.0497 I. RDOS - Frank Venables 0.0855 0.5491 0.2096 0.2096 0.0855 0.0855 ITEM I - 2 Page 41 of 58 ITEM J - 1 Page 42 of 58 ITEM J - 1 Page 43 of 58 ITEM J - 1 Page 44 of 58 ITEM J - 2 Page 45 of 58 ITEM J - 2 Page 46 of 58 ITEM K - 1 Page 47 of 58 ITEM K - 1 Page 48 of 58 ITEM K - 1 Page 49 of 58 ITEM K - 1 Page 50 of 58 ITEM K - 1 Page 51 of 58 ITEM K - 1 Page 52 of 58 ITEM K - 1 Page 53 of 58 ITEM K - 1 Page 54 of 58 ITEM K - 1 Page 55 of 58 ITEM K - 1 Page 56 of 58 ITEM L - 1 Page 57 of 58 ITEM L - 2 Page 58 of 58