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Home My Public Portal AboutRegular Open Council - 22 Jul 2013 - Agenda - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, JULY 22, 2013 AT 7:00 PM Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA C. ADOPTION OF PRIOR MINUTES 4 - 9 1. Minutes of the July 8, 2013 Regular Meeting 10 - 11 2. Minutes of the July 8, 2013 OCP Amendment Bylaw 1343 Public Hearing Note: Also included as part of the minutes is information contained in the public hearing binder D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 12 - 13 1. Minutes of the July 8, 2013 Committee of the Whole Meeting 2. Verbal Report from the Chairperson of the July 22, 2013 Committee of the Whole meeting F. WATER MATTERS 14 - 16 1. Agricultural Irrigation Charges Amendment Bylaw 1344 Re: Assessment of Farm Irrigation for Billing Purposes For Adoption G. DELEGATIONS & PETITIONS H. DEVELOPMENT PERMIT/VARIANCE HEARINGS I. BYLAWS 17 - 18 1. Oliver Airport Fees and Charges Bylaw 1345 - Adoption Regular Open Council of July 22, 2013 J. BUSINESS 19 - 27 1. Temporary Use Permit Application 2013-01 Owner: Desert Valley Properties Ltd. - Nick Poznikoff Address: 248 Co-op Avenue - Planning Consultant's report attached 28 - 46 2. Temporary Use Permit Application 2013-02 Owner: Stefishen Address: 860 Fairview Road - Planning Consultant's report attached - Letter from K. Stefishen attached 47 - 78 3. Oliver & Osoyoos Search and Rescue Society - Lease - Corporate Officer's Report attached K. CORRESPONDENCE 79 - 84 1. 1. Correspondence Report - Corporate Officer's report attached L. REPORTS 85 1. June 2013 Oliver Fire Department Incident Report 2. Councillor Mattes 3. Councillor Bennest 4. Water Councillor Miller 5. Water Councillor Machial 6. Councillor Doerr 7. Mayor Hovanes M. UPCOMING MEETINGS August 12, 2013 Meetings Cancelled August 26, 2013 4:00 pm - Committee of the Whole Meeting August 26, 2013 7:00 pm - Regular Meeting September 9, 2013 4:00 pm - Committee of the Whole Meeting September 9, 2013 7:00 pm - Regular Meeting September 16 - 20, 2013 - UBCM Convention September 23, 2013 4:00 pm - Committee of the Whole Meeting September 23, 2013 7:00 pm - Regular Meeting Page 2 of 85 Regular Open Council of July 22, 2013 N. PUBLIC QUESTION PERIOD This is an opportunity for the audience to ask questions regarding matters discussed during the meeting. O. ADJOURNMENT Page 3 of 85 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JULY 8, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Doerr, Bennest, Mattes and Larson (via conference call at 7:10 pm) Water Councillors Miller and Machial Staff: T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer C. Cowan, Corporate Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:06 pm B ADOPTION OF AGENDA R-180/13 It was MOVED and SECONDED That the agenda be adopted as amended by: • removing Delegation - The BC Fruit Growers' Association (G-1) • adding Resignation of Councillor Larson and 2013 By-Election (J-3) • moving I-3 Agricultural Irrigation Charges Amendment under Water Matters as Item F-3 CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of the June 24 Regular meeting R-181/13 It was MOVED and SECONDED That the minutes of the June 24, 2013 Regular meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E COMMITTEE REPORTS E-1 Minutes of the June 24, 2013 Committee of the Whole meeting R-182/13 It was MOVED and SECONDED That the minutes of the June 24, 2013 Committee of the Whole meeting be received. ITEM C. - 1. Page 4 of 85 Regular Open Minutes of July 8, 2013 CARRIED E-2 Verbal Report from the Chairperson of the July 8, 2013 Committee of the Whole meeting Councillor Doerr provided a verbal report on the items discussed during the Committee of the Whole Meeting held earlier in the day. F WATER MATTERS F-1 Water Quality report for the month of May 2013 R-183/13 It was MOVED and SECONDED That the Water Quality report for the month of May 2013 be received. CARRIED F-2 Amended Water Quality Report for the month of April 2013 R-184/13 It was MOVED and SECONDED That the amended Water Quality report for the month of April 2013 be received. CARRIED Councillor Larson joined the meeting via conference call at 7:10 pm F-3 Agricultural Irrigation Charges Amendment Bylaw 1344 Re: Assessment of Farm Irrigation for Billing Purposes The Municipal Manager summarized his report. R-185/13 It was MOVED and SECONDED That Agricultural Irrigation Charges Amendment Bylaw 1344 be read a first, second and third time. CARRIED R-186/13 It was MOVED and SECONDED That the upcoming Water Regulation Bylaw that proposes to consolidate existing regulations and fees into a single document continue to apply a flat rate parcel tax to all properties, but assess charges for farm irrigation in the rural area as user fees, consistent with all other use classes now in place. CARRIED Councillor Larson left the meeting at 7:35 pm ITEM C. - 1. Page 5 of 85 Regular Open Minutes of July 8, 2013 G DELEGATIONS & PETITIONS None H DEVELOPMENT PERMIT/VARIANCE HEARINGS None I BYLAWS I-1 Cemetery Amendment Bylaw 1315.01 R-187/13 It was MOVED and SECONDED That Cemetery Amendment Bylaw 1315.01 be adopted as circulated. CARRIED I-2 Official Community Plan Amendment Bylaw 1343 R-188/13 It was MOVED and SECONDED That Official Community Plan Amendment Bylaw 1343, be read a third time and be adopted. CARRIED I-4 Oliver Airport Fees and Charges Bylaw 1345 The Municipal Manager summarized his report. R-189/13 It was MOVED and SECONDED That Oliver Airport Fees and Charges Bylaw 1345 be read a first, second and third time; and That Bylaw 1345 be placed onto the July 22, 2013 regular council agenda for adoption. CARRIED ITEM C. - 1. Page 6 of 85 Regular Open Minutes of July 8, 2013 J BUSINESS J-1 Water and Sewer Application Policy The Municipal Manager summarized his report. R-190/13 It was MOVED and SECONDED That the draft Sewer and Water Application Policy attached to the Municipal Manager’s report dated July 3, 2013 be adopted by council; and That council’s “Guidelines for Water Applications to Council” dated January 17, 2000 be repealed; and That Council’s “Sewer Servicing Policy” dated January 22, 2001 be repealed. CARRIED J-2 Southern Interior Bylaw Notice Dispute Adjudication Registry Agreement The Corporate Officer summarized her report. R-191/13 It was MOVED and SECONDED That Council authorize the Mayor and the Corporate Officer to execute the amended Southern Interior Bylaw Notice Dispute Adjudication Registry Agreement to enable the Regional District of Central Okanagan to participate in the program. CARRIED J-3 Resignation of Councillor Larson and 2013 By-Election The Corporate Officer advised that a letter of resignation had been received from Councillor Larson with an effective date of July 15, 2013. R-192/13 It was MOVED and SECONDED That Council appoints Cathy Cowan as the Chief Election Officer and Linda Schultz as the Deputy Chief Election Officer for the 2013 By-Election. CARRIED K CORRESPONDENCE K-1 Correspondence Report R-193/13 a) Correspondence in the Council Reading File It was MOVED and SECONDED That the Council Reading File Correspondence be received. CARRIED ITEM C. - 1. Page 7 of 85 Regular Open Minutes of July 8, 2013 L REPORTS L-1 Building Permit Report for the month of June 2013 R-194/13 It was MOVED and SECONDED That the Building Permit report for the month of June be received. CARRIED L-2 Water Councillor Machial • Meetings this afternoon L-3 Councillor Larson • No Report L-4 Councillor Doerr • Airport Meeting • Fund Raiser for Park Place • Grandfondo L-5 Councillor Mattes • Airport Meeting • Friends of the Library Book Sale L-6 Councillor Bennest • Park Place Fund Raiser L-7 Water Councillor Miller • Meetings this afternoon L-8 Mayor Hovanes • South Okanagan Secondary School Graduation Ceremonies • July 1 Pancake Breakfast • Grand Opening of the OK Falls Sewer Facility • RDOS Meeting • Structurlam Plant Opening in OK Falls ITEM C. - 1. Page 8 of 85 Regular Open Minutes of July 8, 2013 M UPCOMING MEETINGS July 22, 2013 - 2:00 pm - Priorities Session July 22, 2013 - 4:00 pm - Committee of the Whole Meeting July 22, 2013 - 7:00 pm - Regular Meeting August 12, 2013 Meetings Cancelled August 26, 2013 - 4:00 pm - Committee of the Whole Meeting August 26, 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-195/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:56 pm CERTIFIED AS CORRECT Mayor Corporate Officer ITEM C. - 1. Page 9 of 85 MINUTES OF A PUBLIC HEARING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JULY 8, 2013 IN THE COUNCIL CHAMBERS Present: Regrets: Mayor Hovanes Councillors Doerr, Bennest and Mattes Water Councillors Machial and Miller Councillor Larson 2 Members of the Public Staff: T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer C. Garrish, Planner C. Cowan, Corporate Officer A CALL TO ORDER Mayor Hovanes called the Public Hearing to order at 7:00 pm B STATEMENT OF THE CHAIR Mayor 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 Official Community Plan Amendment Bylaw 1343. The purpose of this Amendment Bylaw seeks to update those provisions of the Town’s Official Community Plan (OCP) Bylaw that relate to Temporary Use Permits (TUPs), and to amend the formatting applied to Part 10 (Development Permit Areas and Guidelines) of the OCP in order to address a number conflicts involving section numbering. Copies of reports and correspondence received related to Official Community Plan Amendment Bylaw 1343 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 Official Community Plan Amendment Bylaw 1343 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 Official Community Plan Amendment Bylaw 1343, 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 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. ITEM C. - 2. Page 10 of 85 Public Hearing Minutes of July 8, 2013 C BYLAWS Official Community Plan Amendment Bylaw 1343 Information contained in Public Hearing binder and in the July 8, 2013 Regular Agenda package (Item I-2) Chris Garrish, Planner advised that the Amendment Bylaw seeks to update those provisions of the Town’s Official Community Plan (OCP) Bylaw that relate to Temporary Use Permits (TUPs), and to amend the formatting applied to Part 10 (Development Permit Areas and Guidelines) of the OCP in order to address a number of conflicts involving section numbering. The Mayor asked if there were any submissions or persons who wished to speak to OCP Amendment Bylaw 1343. The Municipal Manager read out the referral comments received from agencies. The Mayor asked a second time if there were any persons who wished to speak to OCP Amendment Bylaw 1343. The Mayor asked for a third time if there were any persons who wished to speak to OCP Amendment Bylaw 1343. Hearing none the Mayor asked for a resolution to adjourn the Public Hearing. D ADJOURNMENT It was MOVED and SECONDED That the Public Hearing be adjourned. CARRIED The Public Hearing was adjourned at 7:06 pm CERTIFIED AS CORRECT Mayor Corporate Officer ITEM C. - 2. Page 11 of 85 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JULY 8, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson Doerr Mayor Hovanes Councillors Bennest, and Mattes Water Councillors Miller and Machial Regrets: Councillor Larson Staff: T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer C. Cowan, Corporate Officer A CALL TO ORDER Councillor Doerr called the meeting to order at 4:01 pm B ADOPTION OF AGENDA CW-83/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding: • Item D-1 Letter of Interest received from South Okanagan Chamber of Commerce re: Centennial RV Park Operating Agreement. CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of the June 24, 2013 Committee of the Whole meeting CW-84/13 It was MOVED and SECONDED That the minutes of the June 24, 2013 Committee of the Whole meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES D-1 Discussion on Centennial RV Park Operating Agreement CW-85/13 It was MOVED and SECONDED That Council direct staff to advertise for expression of interests for the operation of the Centennial RV Park. CARRIED ITEM E. - 1. Page 12 of 85 Committee of the Whole meeting minutes of July 8, 2013 E WATER MATTERS None F BYLAWS None G BUSINESS G-1 Community Futures Okanagan Similkameen - Annual Report for receipt and option to invite as a delegation CW-86/13 It was MOVED and SECONDED That Council receive the Community Futures Okanagan Similkameen Annual report for information; and That staff request an update from Community Futures on the benchmark markers related to budget funding provided in 2012. CARRIED H PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. I ADJOURNMENT CW-87/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 4:43 pm CERTIFIED AS CORRECT Chairperson Corporate Officer ITEM E. - 1. Page 13 of 85 TOWN OF OLIVER BYLAW 1344 A Bylaw to Set Criteria for Determining Agricultural Irrigation Use WHEREAS: Council wishes to clarify the method used to determine whether a parcel of land qualifies for a reduced water rate for agricultural irrigation; NOW THEREFORE, THE COUNCIL OF THE TOWN OF OLIVER in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as “Agricultural Irrigation Charges Amendment Bylaw 1344”. 2. Domestic Water Rates Bylaw No. 177 is amended in Schedule “A” by deleting the fol- lowing sections: • “Section A.1.(3) Non-Agricultural irrigation”; and • “Section A.1.(4) Agricultural irrigation”; and inserting in their place a new section “A.1.(3) Irrigation”, as set out below: “(3) Irrigation 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 land- scaping, private gardens, greenhouse operations or other indoor horticulture. “Agricultural Irrigation” means water supplied to irrigate land which has been as- sessed as Class 9 Farm by the British Columbia Assessment Authority in the current year, or for land assessed other than Class 9 Farm, water supplied to irrigate and carry on Agriculture as determined by the Chief Financial Officer of the Town of Oli- ver or a person delegated by the Chief Financial Officer to make that determination. “Non- Agricultural Irrigation” means any irrigation other than Agricultural Irriga- tion. ITEM F. - 1. Page 14 of 85 Bylaw 1344 Page 2 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 $408.00/acre iii) Pressurized water for Agricultural Irrigation $209.00/acre iv) Non-Pressurized water for Agricultural Irrigation $120.00/acre” 3. Rural Water Taxation Bylaw 1334 is amended by deleting Schedule “A” and inserting in its place, a new Schedule A, as set out below: “Town of Oliver – Bylaw 1334 Schedule “A” In this Schedule: “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 land- scaping, private gardens, greenhouse operations or other indoor horticulture. “Agricultural Irrigation” means water supplied to irrigate land which has been as- sessed as Class 9 Farm by the British Columbia Assessment Authority in the current year, or for land assessed other than Class 9 Farm, water supplied to irrigate and carry on Agriculture as determined by the Chief Financial Officer of the Town of Oli- ver or a person delegated by the Chief Financial Officer to make that determination. “Non- Agricultural Irrigation” means any irrigation other than Agricultural Irriga- tion. Annual parcel taxes on all land outside the Town of Oliver that is serviced or capable of being serviced by the Town of Oliver water system shall be levied as follows: 1. Rural Water Parcel Tax: (a) A rural water parcel tax of $119.00 per parcel on all parcels of land which are not using water for Agricultural Irrigation. 2. Agricultural Land Irrigation Tax: (a) An agricultural land irrigation tax of $209.00 per acre on all parcels to which Grade A pressurized water is supplied for Agricultural Irrigation. ITEM F. - 1. Page 15 of 85 Bylaw 1344 Page 3 (b) An agricultural land irrigation tax of $120.00 per acre on all parcels to which Grade B non-pressurized or low pressurized water is supplied for Agricultural Ir- rigation. (c) 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. 3. Drainage Tax: (a) A drainage tax of $37.00 per acre on all land within System 7D drainage area." Read a first, second and third time on July 8, 2013 Adopted on _________________ , 2013 _____________________ Mayor Corporate Officer ITEM F. - 1. Page 16 of 85 TOWN OF OLIVER BYLAW 1345 A Bylaw to Set Fees and Charges for the Oliver Airport WHEREAS council wishes to establish certain fees and charges to be collected from users of the Oliver Airport in order to help support the cost of maintaining and operating the Oliver Airport; NOW THEREFORE, THE COUNCIL OF THE TOWN OF OLIVER in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as “Oliver Airport Fees and Charges Bylaw 1345”. 2. In this bylaw: “Oliver Airport” means the parcel of land operated as a municipal airport by the Town of Oliver, also known as: PID: 007-629-583 Remainder of Lot 2, DL 2450s, SDYD, Plan KAP38137 3. The fees set out in Schedule “A” of this bylaw are payable in advance to the Town of Ol- iver for the activities at the Oliver Airport corresponding to each fee. 4. No person shall carry on any of the activities at the Oliver Airport as listed in Schedule “A” without first paying the fees corresponding to each activity. 5. Any person who contravenes any section of this bylaw commits an offense and is liable to a fine not exceeding $10,000 per offense. For the purposes of this bylaw, each day’s continuation of an offense is deemed to be a new and distinct offence, and is liable to a separate fine. 6. In addition to levying fines, the Town may impound or lock down any aircraft or vehicle for which an applicable fee remains unpaid. Read a first, second and third time on July 8, 2013 Adopted on _________________ , 2013 _____________________ Mayor Corporate Officer ITEM I. - 1. Page 17 of 85 Bylaw 1345 Page 2 Schedule “A” – Oliver Airport Fees Description of Activity Subject to a Fee Fees Payable Tie-down or parking of any aircraft in a paved parking spot for more than 30 eight-hour periods per year $1,000.00/year Tie-down or parking of any aircraft in an unpaved parking spot for more than 30 eight-hour periods per year $500.00/year Tie-down or parking of any aircraft parked in a paved or unpaved parking spot for more than 10 but not more than 30 eight-hour periods per year $250.00/year Unlock or release an impounded aircraft $100.00/incident ITEM I. - 1. Page 18 of 85 ITEM J. - 1. Page 19 of 85 ITEM J. - 1. Page 20 of 85 ITEM J. - 1. Page 21 of 85 IT E M J . - 1 . Pa g e 2 2 o f 8 5 IT E M J . - 1 . Pa g e 2 3 o f 8 5 ITEM J. - 1. Page 24 of 85 ITEM J. - 1. Page 25 of 85 ITEM J. - 1. Page 26 of 85 IT E M J . - 1 . Pa g e 2 7 o f 8 5 ITEM J. - 2. Page 28 of 85 ITEM J. - 2. Page 29 of 85 IT E M J . - 2 . Pa g e 3 0 o f 8 5 ITEM J. - 2. 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